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FIFTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, March 8, 1994
The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Deccio, Moyer, Newhouse, Rinehart, Roach, Sellar, Linda Smith and Talmadge. On motion of Senator Oke, Senators Cantu, Deccio, Moyer, and Linda Smith were excused. On motion of Senator Drew, Senator Rinehart was excused.
The Sergeant at Arms Color Guard, consisting of Pages Colleen Olvera and Dora Reeves, presented the Colors. Reverend Sig Lessrud, pastor of the Central Lutheran Church of Bellingham, and a guest of Senator Ann Anderson, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
March 7, 1994
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2154,
SECOND SUBSTITUTE HOUSE BILL NO. 2210,
SECOND SUBSTITUTE HOUSE BILL NO. 2228,
HOUSE BILL NO. 2512,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2521.
MARILYN SHOWALTER, Chief Clerk
March 7, 1994
MR. PRESIDENT:
The Speaker has passed signed:
SUBSTITUTE SENATE BILL NO. 5038,
SECOND SUBSTITUTE SENATE BILL NO. 5341,
SECOND SUBSTITUTE SENATE BILL NO. 5698,
SUBSTITUTE SENATE BILL NO. 5714,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5995,
SUBSTITUTE SENATE BILL NO. 6000,
SENATE BILL NO. 6023,
ENGROSSED SENATE BILL NO. 6037,
SUBSTITUTE SENATE BILL NO. 6039,
SUBSTITUTE SENATE BILL NO. 6045,
SENATE BILL NO. 6061,
SENATE BILL NO. 6063,
SUBSTITUTE SENATE BILL NO. 6082,
SUBSTITUTE SENATE BILL NO. 6093,
SUBSTITUTE SENATE BILL NO. 6100,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6125,
SENATE BILL NO. 6146,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6155,
ENGROSSED SENATE BILL NO. 6158,
SUBSTITUTE SENATE BILL NO. 6188,
SENATE BILL NO. 6205,
SENATE BILL NO. 6220, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
March 7, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SENATE BILL NO. 5449. The Speaker has appointed the following members as conferees: Representatives Johanson, Chappell and Ballasiotes.
MARILYN SHOWALTER, Chief Clerk
March 7, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SENATE BILL NO. 6025. The Speaker has appointed the following members as conferees: Representatives H. Myers, Springer and Edmondson.
MARILYN SHOWALTER, Chief Clerk
March 7, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SENATE BILL NO. 6055. The Speaker has appointed the following members as conferees: Representatives H. Myers, Dunshee and Edmondson.
MARILYN SHOWALTER, Chief Clerk
March 7, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6068. The Speaker has appointed the following members as conferees: Representatives Rust, L. Johnson and Horn.
MARILYN SHOWALTER, Chief Clerk
March 7, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 6089. The Speaker has appointed the following members as conferees: Representatives R. Fisher, Jones and Mielke.
MARILYN SHOWALTER, Chief Clerk
March 7, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 6204. The Speaker has appointed the following members as conferees: Representatives King, Quall and Talcott.
MARILYN SHOWALTER, Chief Clerk
March 7, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 6243. The Speaker has appointed the following members as conferees: Representatives Wang, Ogden and Sehlin.
MARILYN SHOWALTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 6057,
SUBSTITUTE SENATE BILL NO. 6081,
SUBSTITUTE SENATE BILL NO. 6143,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6426,
ENGROSSED SENATE BILL NO. 6601.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5920,
SUBSTITUTE SENATE BILL NO. 6018,
ENGROSSED SENATE BILL NO. 6044,
SECOND SUBSTITUTE SENATE BILL NO. 6053,
SUBSTITUTE SENATE BILL NO. 6070,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6123,
SENATE BILL NO. 6203,
SUBSTITUTE SENATE BILL NO. 6217,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6228,
SENATE BILL NO. 6266,
SUBSTITUTE SENATE BILL NO. 6283,
ENGROSSED SENATE BILL NO. 6284,
SUBSTITUTE SENATE BILL NO. 6298,
SUBSTITUTE SENATE BILL NO. 6307,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6339,
ENGROSSED SENATE BILL NO. 6356,
SENATE BILL NO. 6377,
SENATE BILL NO. 6408,
SUBSTITUTE SENATE BILL NO. 6447,
SUBSTITUTE SENATE BILL NO. 6466,
SUBSTITUTE SENATE BILL NO. 6487,
ENGROSSED SENATE BILL NO. 6493,
SENATE BILL NO. 6516,
SUBSTITUTE SENATE BILL NO. 6556,
SUBSTITUTE SENATE BILL NO. 6571,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6585,
SENATE JOINT MEMORIAL NO. 8030.
MOTION
On motion of Senator Sellar, the following resolution was adopted:
SENATE RESOLUTION 1994-8684
By Senators Sellar, Newhouse, Anderson and Rasmussen
WHEREAS, The apple is a symbol of health, and Washington State is famous for producing the finest apples in the world; and
WHEREAS, To address the critical decline in the condition of children's health and reinforce the healthy image of Washington apples, the Washington State Apple Growers have developed "Healthy Choices for America," an umbrella program targeted at improving the health and nutrition of all Americans; and
WHEREAS, One component is "Healthy Choices for Kids," a comprehensive nutrition education program and the first to integrate the Dietary Guidelines for Americans issued by the U.S. Departments of Agriculture and Health and Human Services; and
WHEREAS, Apples are provided by the growers of Washington apples to teachers nation-wide, and more than three million children participate in the program each school year; and
WHEREAS, "Healthy Choices for Kids" fills a void in elementary education since there is currently no national nutrition education requirement for elementary schools in the United States; and
WHEREAS, "Healthy Choices for Kids" is written by nutrition, fitness, and curriculum experts, and before publication, each kit is reviewed by an advisory board, learner-verified in classrooms, and revised to incorporate teacher suggestions; and
WHEREAS, The program encourages parental interaction, and Spanish take home materials and bilingual cookbooks were tested last year in eastern Washington schools before broader distribution this year; and
WHEREAS, Nationally, in 1993-94, twenty-seven grocery store chains "adopted" schools and offered "learn-to-shop tours" so children could apply what they learned in the classroom to a real-life situation; and
WHEREAS, In 1993, "Healthy Choices for Kids" was featured as the premier nutrition education program at the National Symposium on Urban School Reform, Health and Safety in Washington, D.C., convened to develop a national blue print for urban schools to address the state of children's health and safety; and
WHEREAS, The program has been endorsed by the American Institute for Cancer Research, the Council of Great City Schools, the Boston Public Schools, the National Food Service Management Institute, United Fresh Fruit and Vegetable Association, and the Association of Farmworker Opportunity Programs; and
WHEREAS, The Washington Apple Commission presented "Healthy Choices for Kids" to USDA Secretary Mike Espy and, in testimony before USDA hearings on school feeding programs, offered it as our state's contribution to USDA's initiative for overall classroom and cafeteria nutrition instructional partnerships; and
WHEREAS, Great distinction and exposure for the state of Washington has resulted from the 67,000,000 impressions featuring the program in print, television, and radio coverage nation-wide since 1991; and
WHEREAS, National media coverage has included the Associated Press, CNN, the Packer, Produce News, U.S. Farm Report, USA Today, The Today Show, Child Magazine, L.A. Times, Washington Post, Produce Business, School Food Service Journal, and Supermarket News; and
WHEREAS, In 1993, the regional and local media exposure in twenty cities featured more than two hundred stories including those by the Chicago Tribune, New News Day, San Diego Union-Tribune, the Atlantic Constitution, Detroit News, and the Denver Post;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor the Washington Apple Commission, the number one agricultural commodity in the state generating more than one billion dollars to the state's economy, for its commitment to the health of children, for stepping in to fill a void with national nutrition education programs that target the consumers of tomorrow, and for educating children to develop healthy eating habits to ensure our future leaders will understand the importance of diet to their overall well-being; and
BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Secretary of the Senate to the Washington State Apple Commission.
MOTION
On motion of Senator Franklin, the following resolution was adopted:
SENATE RESOLUTION 1994-8689
By Senators Franklin, McAuliffe, Sheldon, Prentice, Fraser, L. Smith, Anderson, Wojahn, Niemi, Winsley, Haugen, Skratek, Spanel, Rasmussen, Roach, Drew and Loveland
WHEREAS, Women have made, and continue to make, significant contributions to the social fabric, cultural institutions, political activities, and commerce in our communities, state, and nation; contributions often unrecognized in official histories; and
WHEREAS, Settlement of Washington and the West would not have been possible without a woman, Sacajawea, acting as guide, interpreter, peacemaker, and diplomat for the Lewis and Clark expedition; and
WHEREAS, Tacoma's first hospital was due to the unsung efforts of a woman, Fannie C. Paddock, who collected money as she traveled to her new home to build a hospital in the City of Destiny. She died en route, but what is now Tacoma General Hospital remains her legacy; and
WHEREAS, Nellie Centennial Cornish brought the arts and arts education to Seattle and the state of Washington through her Cornish School of Allied Arts and inspired countless artists including gifted choreographer Martha Graham; and
WHEREAS, Women have been instrumental in education throughout our history, including such women as Mary McCloud Bethune, founder of the still-thriving Bethune-Cookman College in Florida; and
WHEREAS, Mother Joseph exemplified the pioneering women of Washington and the West with establishment of eleven hospitals, a dozen schools, two orphanages, and a home for the aged, and also earned recognition as the Pacific Northwest's first architect; and
WHEREAS, Assunta Eng pioneered Asian-American publishing in the Northwest with the Seattle Chinese Post and Northwest Asian Weekly newspapers and continues to publish her history-making newspapers for both Asian-American and non-Asian-heritage peoples; and
WHEREAS, Suffragette Susan B. Anthony was the first woman to address an assembled Legislature in the United States, the Washington Territorial Legislature, on October 19, 1871; and
WHEREAS, The first big-city mayor in America was Bertha Knight Landes, elected to guide Seattle in the 1920's; and
WHEREAS, The women members of this legislature are, themselves, historic, by comprising the largest percentage of women in a State Legislature in the United States;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate declare March as Women's History Month in the state of Washington and recognize March 8th as International Women's Day in acknowledgement of the contributions and accomplishments of women here and around the world; achievements that make for a better life for us all.
MOTION
On motion of Senator Vognild, the following resolution was adopted:
SENATE RESOLUTION 1994-8683
By Senator Vognild
WHEREAS, Armored vehicle operators provide a highly specialized service transporting, almost exclusively: Gold, silver, currency, valuable securities, jewels, and other property of very high value; and
WHEREAS, Armored vehicle operators are required to follow much more extensive regulations and incur higher expenses than other motor carriers with regard to: The type of armored vehicle that must be purchased, the type of insurance that must be purchased, higher standards for financial responsibility, and the licensing requirements for armored vehicle guards; and
WHEREAS, Armored vehicle operators are currently regulated by the Utilities and Transportation Commission as common or contract motor carriers; and
WHEREAS, The combination of regulations for motor carriers and additional regulations for armored vehicle operators may create excessive regulation without serving any public interest;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, That the Legislative Transportation Committee, in consultation with the Utilities and Transportation Commission, study the regulation of armored vehicle operators under chapter 81.80 RCW and chapter 480-12 WAC to determine whether regulations and procedures should be revised, particularly in the areas of processing and hearing applications for permits or extensions for permanent or temporary common or contract authority, and the designation of service areas; and
BE IT FURTHER RESOLVED, That the Legislative Transportation Committee, in consultation with the Utilities and Transportation Commission, be encouraged to take any actions it deems appropriate within current statutory authority to remedy any excessive regulations identified by the study; and
BE IT FURTHER RESOLVED, That the Legislative Transportation Committee report its findings and actions taken, along with any suggested legislation, to the Senate and House of Representatives Standing Committees on Transportation at the regular session held in 1995.
Senators Vognild and Hargrove spoke to Senate Resolution 1994-8683.
MOTION
On motion of Senator Sutherland, the following resolution was adopted:
SENATE RESOLUTION 1994-8677
By Senators Sutherland, Ludwig, Williams, Amondson and Hochstatter
WHEREAS, Deployment of advanced telecommunications services, including digital broadband and wireless technologies, is a stimulus to economic development, in both urban and rural areas; and
WHEREAS, Deployment of advanced telecommunications services creates needed jobs for the people of Washington; and
WHEREAS, Deployment of advanced telecommunications services provides improved educational services, expanded health care, improved public safety, decreased traffic and air pollution, more efficient government services, and other services to the people of Washington; and
WHEREAS, Deployment of advanced telecommunications services is enhanced by the existence of a favorable investment climate and ease of market entry; and
WHEREAS, Developing and maintaining an effectively competitive marketplace is the best way to ensure the availability of advanced telecommunications services at fair, just, and reasonable prices; and
WHEREAS, Effective competition results in a marketplace in which advanced telecommunications service providers are not subject to inequitable regulatory treatment; and
WHEREAS, Deployment of advanced telecommunications services to rural areas is dependent on a fair and equitable system of universal service subsidies;
NOW, THEREFORE, BE IT RESOLVED, By the Washington State Senate that it shall be the goal of the state to promote deployment of advanced telecommunications services throughout Washington; and
BE IT FURTHER RESOLVED, That it shall be the goal of the state to ensure the availability of the benefits of advanced telecommunications services to all the people of the state, regardless of income, place of residence, education, gender, age, or race; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to the Governor, the Attorney General, Washington Utilities and Transportation Commission, the Department of Community, Trade, and Economic Development, the Department of Information Services, the Information Services Board, and the Office of the Superintendent of Public Instruction.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Skratek, Gubernatorial Appointment No. 9446, Mike Fitzgerald, as Director of the Department of Community, Trade and Economic Development, was confirmed.
Senators Skratek and Bluechel spoke to the confirmation of Mike Fitzgerald as Director of the Department of Community, Trade and Economic Development.
Senator Wojahn spoke against the confirmation of Mike Fitzgerald as Director of the Department of Community, Trade and Economic Development.
APPOINTMENT OF MIKE FITZGERALD
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 33; Nays, 7; Absent, 4; Excused, 5.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Loveland, Ludwig, McDonald, Moore, Morton, Nelson, Niemi, Owen, Pelz, Prince, Quigley, Rasmussen, M., Schow, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, Williams and Winsley - 33.
Voting nay: Senators Haugen, McAuliffe, McCaslin, Oke, Prentice, West and Wojahn - 7.
Absent: Senators Newhouse, Roach, Sellar and Talmadge - 4.
Excused: Senators Cantu, Deccio, Moyer, Rinehart and Smith, L. - 5.
MOTIONS
On motion of Senator Oke, Senators Roach and Sellar were excused.
On motion of Senator Drew, Senator Sheldon was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2707, by House Committee on Transportation (originally sponsored by Representatives R. Fisher and Johanson) (by request of Transportation Improvement Board)
Revising transportation improvement funding procedures.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 2707 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2707.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2707 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Schow, Skratek, Smith, A., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 40.
Absent: Senator Talmadge - 1.
Excused: Senators Cantu, Deccio, Moyer, Rinehart, Roach, Sellar, Sheldon and Smith, L. - 8.
SUBSTITUTE HOUSE BILL NO. 2707, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Oke, Senator Anderson was excused.
On motion of Senator Drew, Senators Talmadge and Vognild were excused.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Moore, Gubernatorial Appointment No. 9119, Evelyn P. Yenson, as Director of the Lottery Commission, was confirmed.
APPOINTMENT OF EVELYN P. YENSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, West, Williams, Winsley and Wojahn - 42.
Excused: Senators Anderson, Cantu, Moyer, Rinehart, Sheldon, Talmadge and Vognild - 7.
MOTION
On motion of Senator Drew, Senator Hargrove was excused.
MOTION
On motion of Senator Moore, Gubernatorial Appointment No. 9368, Robert L. McCallister, as a member of the Board of Industrial Insurance Appeals, was confirmed.
APPOINTMENT OF ROBERT L. McCALLISTER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 42.
Excused: Senators Anderson, Cantu, Hargrove, Moyer, Rinehart, Sheldon and Vognild - 7.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 7, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to THIRD SUBSTITUTE SENATE BILL NO. 5918 and asks the Senate to concur therein, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Drew, the Senate concurred in the House amendment(s) to Third Substitute Senate Bill No. 5918.
The President declared the question before the Senate to be the roll call on the final passage of Third Substitute Senate Bill No. 5918, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Third Substitute Senate Bill No. 5918, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.
Absent: Senators Moore and Sellar - 2.
Excused: Senators Anderson, Moyer, Rinehart and Sheldon - 4.
THIRD SUBSTITUTE SENATE BILL NO. 5918, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 2676 and the pending Committee on Government Operations striking amendment, deferred March 4, 1994.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Talmadge, the President finds that Engrossed Substitute House Bill No. 2676 is a measure which makes changes in the duties and organization of various government entities and abolishes certain entities.
"The amendment proposed by the Committee on Government Operations would also make organizational changes in these entities and, in addition, establishes procedures and requirements for licensure and practice for specified health professions.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The Committee on Government Operations striking amendment to Engrossed Substitute House Bill No. 2676 was ruled out of order.
There being no objection, the President deferred further consideration of Engrossed Substitute House Bill No. 2676.
MOTION
On motion of Senator Spanel, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Amondson, the following resolution was adopted:
SENATE RESOLUTION 1994-8691
By Senator Amondson
WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and
WHEREAS, The Rochester High School Warriors Baseball Team exhibited the highest level of excellence in winning the 1993 Washington State High School Baseball "A" Championship; and
WHEREAS, The Rochester High School Warrior Baseball Team players compiled a 23-3 overall record for the 1993 season; and
WHEREAS, The Rochester High School Warriors Baseball Team were also the 1993 Academic State Champions with a 3.766 GPA, the third time in the past five years they have won this distinction; and
WHEREAS, The Rochester High School Warriors Baseball Team demonstrated amazing skill and admirable sportsmanship in achieving this outstanding accomplishment; and
WHEREAS, Head Coach Larry Heinz, and Assistant Coach Bob Wollan, and all the players, Brion Douglas, Chris Hamilton, Tony Hawes, Ryan Holman, Bill Kenelty, Matt Kirpes, Willy Kytta, Ron Murphy, Aaron Norquist, Justin Rotter, Steve Taylor, Tony Wagner, Brandon Wolslegel, Colin Wolslegel, Ben Scott and Nicole Sharp, share in the Rochester High School Warriors Baseball Team's success by combining outstanding coaching with outstanding playing; and
WHEREAS, All these extraordinary accomplishments could not have been achieved without the support and encouragement of all the students, cheerleaders, band members, faculty, staff, alumni, families, friends, community members, and fans who backed them all the way; and
WHEREAS, The inspiring individual and team achievements of the 1993 Rochester High School Warriors Baseball Team will always be remembered when commemorating their winning year; and
WHEREAS, The victorious Rochester High School Warriors Baseball Team is a source of great pride to all the citizens of the state of Washington;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor the 1993 Rochester High School Warriors Baseball Team; and
BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Secretary of the Senate to the 1993 Rochester High School Warriors Baseball Team Head Coach, Larry Heinz, and the Principal of Rochester High School, Dean Noffziger.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Rochester High School Warriors Baseball Team, the 1993 Washington State Class "A" Champions, and their coaches who were seated in the gallery.
MOTION
On motion of Senator Spanel, the Senate returned to the sixth order of business.
There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 2676, deferred earlier today after the Committee on Government Operations amendment was ruled out of order.
MOTIONS
On motion of Senator Haugen, the following amendment by Senators Deccio, Haugen, Talmadge, Winsley and Wojahn was adopted:
On page 83, after line 20, insert the following:
"NEW SECTION. Sec. 604. A new section is added to chapter 18.130 RCW to read as follows:
(1) The settlement process must be substantially uniform for licensees governed by regulatory entities having authority under this chapter.
(2) Disclosure of the identity of reviewing disciplining authority members who participate in the settlement process is available to the respondents or their legal representative upon request.
(3) The settlement conference will occur only if a settlement is not achieved through written documents. Respondents will have the opportunity to conference either by phone or in person with the reviewing disciplining authority member if the respondent chooses. Respondents may also have their attorney conference either by phone or in person with the reviewing disciplining authority member without the respondent being present personally.
(4) If the respondent wants to meet in person with the reviewing disciplining authority member, he or she will travel to the reviewing disciplinary authority member and have such a conference with the attorney general in attendance either by phone or in person."
Renumber the section following consecutively and correct any internal references accordingly.
On motion of Senator Haugen, the following amendment by Senators Haugen, Winsley, Vognild, McCaslin and Drew was adopted:
On page 134, after line 13, insert the following:
"Sec. 754. RCW 43.63A.300 and 1993 c 280 s 68 are each amended to read as follows:
The legislature finds that fire protection services at the state level are provided by different, independent state agencies. This has resulted in a lack of a comprehensive state-level focus for state fire protection services, funding, and policy. The legislature further finds that the paramount duty of the state in fire protection services is to enhance the capacity of all local jurisdictions to assure that their personnel with fire suppression, prevention, inspection, origin and cause, and arson investigation responsibilities are adequately trained to discharge their responsibilities. It is the intent of the legislature to consolidate fire protection services into a single state agency and to create a state board with the responsibility of (1) establishing a comprehensive state policy regarding fire protection services and (2) advising the ((director of community, trade, and economic development)) governor and the director of fire protection on matters relating to their duties under state law. It is also the intent of the legislature that the fire protection services program created herein will assist local fire protection agencies in program development without encroaching upon their historic autonomy. It is the further intent of the legislature that the fire protection services program be implemented incrementally to assure a smooth transition, to build local, regional, and state capacity, and to avoid undue burdens on jurisdictions with limited resources.
Sec. 755. RCW 43.63A.310 and 1986 c 266 s 55 are each amended to read as follows:
There is created the state fire protection policy board consisting of ((ten)) eight members appointed by the governor:
(1) ((Three)) One representative((s)) of fire chiefs((. At least one shall be from a fire department east of the Cascade mountains and at least one shall be from a fire department west of the Cascade mountains. One shall be from a fire protection district));
(2) One insurance industry representative;
(3) One representative of cities and towns;
(4) One representative of counties;
(5) ((Two)) One full-time, paid, career fire fighter((s));
(6) One volunteer fire fighter; ((and))
(7) One representative of fire commissioners; and
(8) One representative of fire control programs of the department of natural resources.
In making the appointments required under subsections (1) through (7) of this section, the governor shall (a) seek the advice of and consult with organizations involved in fire protection; and (b) ensure that racial minorities, women, and persons with disabilities are represented.
The terms of the appointed members of the board shall be three years and until a successor is appointed and qualified. However, initial board members shall be appointed as follows: Three members to terms of one year, three members to terms of two years, and four members to terms of three years. In the case of a vacancy of a member appointed under subsections (1) through (7) of this section, the governor shall appoint a new representative to fill the unexpired term of the member whose office has become vacant. A vacancy shall occur whenever an appointed member ceases to be employed in the occupation the member was appointed to represent. The members of the board appointed pursuant to subsections (1) and (5) of this section and holding office on the effective date of this act shall serve the remainder of their terms, and the reduction of the board required by section 855, chapter ---, Laws of 1994 (this section), shall occur upon the expiration of their terms.
The appointed members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
The board shall select its own chairperson and shall meet at the request of the governor or the chairperson and at least four times per year.
Sec. 756. RCW 43.63A.320 and 1993 c 280 s 69 are each amended to read as follows:
Except for matters relating to the statutory duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection, the board shall have the responsibility of developing a comprehensive state policy regarding fire protection services. In carrying out its duties, the board shall:
(1)(a) Adopt a state fire training and education master plan which allows to the maximum feasible extent for negotiated agreements: (i) With the state board for community and technical colleges to provide academic, vocational, and field training programs for the fire service and (ii) with the higher education coordinating board and the state colleges and universities to provide instructional programs requiring advanced training, especially in command and management skills;
(b) Adopt minimum standards for each level of responsibility among personnel with fire suppression, prevention, inspection, and investigation responsibilities which assure continuing assessment of skills and are flexible enough to meet emerging technologies. With particular respect to training for fire investigations, the master plan shall encourage cross training in appropriate law enforcement skills. To meet special local needs, fire agencies may adopt more stringent requirements than those adopted by the state;
(c) Cooperate with the common schools, technical and community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.
Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule;
(d) Develop and adopt a master plan for constructing, equipping, maintaining, and operating necessary fire service training and education facilities subject to the provisions of chapter 43.19 RCW; and
(e) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary for fire service training and education facilities in a manner provided by law.
(2) In addition to its responsibilities for fire service training, the board shall:
(a) Adopt a state fire protection master plan;
(((2))) (b) Monitor fire protection in the state and develop objectives and priorities to improve fire protection for the state's citizens including: (i) The comprehensiveness of state and local inspections required by law for fire and life safety; (ii) the level of skills and training of inspectors, as well as needs for additional training; and (iii) the efforts of local, regional, and state inspection agencies to improve coordination and reduce duplication among inspection efforts;
(((3))) (c) Establish and promote state arson control programs and ensure development of local arson control programs;
(((4))) (d) Provide representation for local fire protection services to the governor in state-level fire protection planning matters such as, but not limited to, hazardous materials control;
(((5))) (e) Seek and solicit grants, gifts, bequests, ((devices)) devises, and matching funds for use in furthering the objectives and duties of the board, and establish procedures for administering them;
(((6))) (f) Promote mutual aid and disaster planning for fire services in this state;
(((7))) (g) Assure the dissemination of information concerning the amount of fire damage including that damage caused by arson, and its causes and prevention;
(((8))) (h) Submit ((annually a)) an annual report to the governor ((containing a statement of)) describing its ((official acts)) activities undertaken pursuant to this chapter, and make such studies, reports, and recommendations to the governor and the legislature as are requested; and
(((9) Adopt a state fire training and education master plan;
(10) Develop and adopt a master plan for the construction, equipping, maintaining, and operation of necessary fire service training and education facilities, but the authority to construct, equip, and maintain such facilities is subject to chapter 43.19 RCW;
(11) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary to establish and operate fire service training and education facilities in a manner provided by law;
(12) Adopt standards for state-wide fire service training and education courses including courses in arson detection and investigation for personnel of fire, police, and prosecutor's departments;
(13) Assure the administration of)) (i) Implement any legislation enacted by the legislature ((in pursuance of the aims and purposes)) to meet the requirements of any acts of congress ((insofar as the provisions thereof may)) that apply((;
(14) Cooperate with the common schools, community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of Congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.
This section does not apply to forest fire service personnel and programs. Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule)) to this section.
(3) In carrying out its statutory duties, the board shall give particular consideration to the appropriate roles to be played by the state and by local jurisdictions with fire protection responsibilities. Any determinations on the division of responsibility shall be made in consultation with local fire officials and their representatives.
To the extent possible, the board shall encourage development of regional units along compatible geographic, population, economic, and fire risk dimensions. Such regional units may serve to: (a) Reinforce coordination among state and local activities in fire service training, reporting, inspections, and investigations; (b) identify areas of special need, particularly in smaller jurisdictions with inadequate resources; (c) assist the state in its oversight responsibilities; (d) identify funding needs and options at both the state and local levels; and (e) provide models for building local capacity in fire protection programs.
Sec. 757. RCW 43.63A.340 and 1993 c 280 s 71 are each amended to read as follows:
(1) Wherever the term state fire marshal appears in the Revised Code of Washington or the Washington Administrative Code it shall mean the director of fire protection.
(2) The ((director of community, trade, and economic development)) governor shall appoint an assistant director who shall be known as the director of fire protection. The board, after consulting with the ((director)) governor, shall prescribe qualifications for the position of director of fire protection. The board shall submit to the ((director)) governor a list containing the names of three persons whom the board believes meet its qualifications. If requested by the ((director)) governor, the board shall submit one additional list of three persons whom the board believes meet its qualifications. The appointment shall be from one of the lists of persons submitted by the board.
(3) The director of fire protection may designate one or more deputies and may delegate to those deputies his or her duties and authorities as deemed appropriate.
(4) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall((, after consultation with the board,)) prepare a biennial budget pertaining to fire protection services. Such biennial budget shall be submitted as part of the department's budget request.
(5) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall implement and administer, within the constraints established by budgeted resources, the policies of the board ((and all duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection)). Such administration shall include negotiation of agreements with the state board for community and technical colleges, the higher education coordinating board, and the state colleges and universities as provided in RCW 43.63A.320. Programs covered by such agreements shall include, but not be limited to, planning curricula, developing and delivering instructional programs and materials, and utilizing existing instructional personnel and facilities. Where appropriate, such contracts shall also include planning and conducting instructional programs at the state fire service training center.
(6) The ((director of community, trade, and economic development, through the)) director of fire protection((,)) shall seek the advice of the board in carrying out his or her duties under law.
Sec. 758. RCW 43.63A.377 and 1991 c 135 s 3 are each amended to read as follows:
Money from the fire services trust fund may be expended for the following purposes:
(1) Training of fire service personnel, including both classroom and hands-on training at the state fire training center or other locations approved by the director through the director of fire protection services;
(2) Maintenance and operation at the state's fire training center near North Bend. If in the future the state builds or leases other facilities as other fire training centers, a portion of these moneys may be used for the maintenance and operation at these centers;
(3) Lease or purchase of equipment for use in the provisions of training to fire service personnel;
(4) Grants or other subsidies to local ((entities)) jurisdictions to allow them to perform their functions under this section;
(5) Costs of administering these programs under this section;
(6) Licensing and enforcement of state laws governing the sales of fireworks; and
(7) Development with the legal fireworks industry and funding of a state-wide public education program for fireworks safety.
Sec. 759. RCW 48.48.060 and 1986 c 266 s 71 are each amended to read as follows:
(1) The chief of each organized fire department, the sheriff or other designated county official, and the designated city or town official shall investigate the cause((,)) and origin, and document extent of ((loss)) damage of all fires occurring within their respective jurisdictions, as determined by this subsection, and shall forthwith notify the ((director of community development, through the)) director of fire protection((,)) of all fires of criminal, suspected, or undetermined cause occurring within their respective jurisdictions. The county fire marshal shall also be notified of and investigate all such fires occurring in unincorporated areas of the county. Fire departments shall have the responsibility imposed by this subsection for areas within their jurisdictions. Sheriffs or other designated county officials shall have responsibility imposed by this subsection for county areas not within the jurisdiction of a fire department, unless such areas are within the boundaries of a city or town, in which case the designated city or town official shall have the responsibility imposed by this subsection. For the purposes of this subsection, county officials shall be designated by the county legislative authority, and city or town officials shall be designated by the appropriate city or town legislative or executive authority. In addition to the responsibility imposed by this subsection, any sheriff or chief of police may assist in the investigation of the cause((,)) and origin, and document extent of ((loss)) damage of all fires occurring within his or her respective jurisdiction.
(2) The ((director of community development, through the)) director of fire protection or his or her deputy((,)) may investigate any fire for the purpose of determining its cause, origin, and the extent of the loss. The ((director of community development, through the)) director of fire protection or his or her deputy((,)) shall assist in the investigation of those fires of criminal, suspected, or undetermined cause when requested by the reporting agency. In the investigation of any fire of criminal, suspected, or undetermined cause, the ((director of community development and the)) director of fire protection or his or her deputy((,)) are vested with police powers to enforce the laws of this state. To exercise these powers, authorized deputies must receive prior written authorization from the ((director of community development, through the)) director of fire protection((,)) and shall have completed a course of training prescribed by the Washington state criminal justice training commission.
Sec. 760. RCW 48.48.065 and 1986 c 266 s 72 are each amended to read as follows:
(1) The chief of each organized fire department, or the sheriff or other designated county official having jurisdiction over areas not within the jurisdiction of any fire department, shall report statistical information and data to the ((director of community development, through the)) director of fire protection((,)) on each fire occurring within the official's jurisdiction. Reports shall be consistent with the national fire incident reporting system developed by the United States fire administration and rules established by the ((director of community development, through the director of)) fire protection policy board. The ((director of community development, through the)) director of fire protection((,)) and the department of natural resources shall jointly determine the statistical information to be reported on fires on land under the jurisdiction of the department of natural resources.
(2) The ((director of community development, through the)) director of fire protection((,)) shall analyze the information and data reported, compile a report, and distribute a copy annually by ((January 31)) June 30 to each chief fire official in the state. Upon request, the ((director of community development, through the)) director of fire protection((,)) shall also furnish a copy of the report to any other interested person at cost.
(3) In carrying out the duties relating to collecting, analyzing, and reporting statistical fire data, the fire protection policy board may contract with a qualified individual or organization to gather and report such information under the following conditions:
(a) The contractor may be selected under the sole source provisions of chapter 39.29 RCW, so long as the contractor meets the qualifications of that chapter; and
(b) The information provided meets the diverse needs of state and local fire reporting agencies and is (i) defined in understandable terms of common usage in the fire community; (ii) adaptable to the varying levels of resources available, including whether a given client's system is operated electronically or not; (iii) maintained in a manner which will foster both technical support and resource sharing; and (iv) designed to meet both short and long-term needs.
NEW SECTION. Sec. 761. A new section is added to chapter 43.10 RCW to read as follows:
(1) The legislature finds that provisions for information systems relating to statistics and reporting for fire prevention, suppression, and damage control do not adequately address the needs of ongoing investigations of fire incidents where the cause is suspected or determined to be the result of negligence or otherwise suggestive of some criminal activity, particularly that of arson. It is the intent of the legislature to establish an information and reporting system designed specifically to assist state and local officers in conducting such investigations and, where substantiated, to undertake prosecution of individuals suspected of such activities.
(2)(a) In addition to the information provided by local officials about the cause, origin, and extent of loss in fires under chapter 48.48 RCW, there is hereby created the state arson investigation information system in the office of the attorney general.
(b) The attorney general shall develop the arson investigation information system in consultation with representatives of the various state and local officials charged with investigating fires resulting from suspicious or criminal activities under chapter 48.48 RCW and of the insurance industry.
(c) The arson investigation information system shall be designed to include at least the following attributes: (i) The information gathered and reported shall meet the diverse needs of state and local investigating agencies; (ii) the forms and reports are drafted in understandable terms of common usage; and (iii) the results shall be adaptable to the varying levels of available resources, maintained in a manner to foster data sharing and mutual aid activities, and made available to other law enforcement agencies responsible for criminal investigations.
(d) All insurers required to report claim information under the provisions of chapter 48.50 RCW shall cooperate fully with any requests from the attorney general in developing and maintaining the arson investigation information system. The confidentiality provisions of that chapter shall be fully enforced.
Sec. 762. RCW 48.48.080 and 1986 c 266 s 74 are each amended to read as follows:
If as the result of any such investigation, or because of any information received, the ((director of community development, through the)) director of fire protection((,)) is of the opinion that there is evidence sufficient to charge any person with any crime, he or she may cause such person to be arrested and charged with such offense, and shall furnish to the prosecuting attorney of the county in which the offense was committed, the names of witnesses and all pertinent and material evidence and testimony within his or her possession relative to the offense.
Sec. 763. RCW 52.12.031 and 1986 c 311 s 1 are each amended to read as follows:
Any fire protection district organized under this title may:
(1) Lease, acquire, own, maintain, operate, and provide fire and emergency medical apparatus and all other necessary or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency medical services and the protection of life and property;
(2) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;
(3) Contract with any governmental entity under chapter 39.34 RCW or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, investigation, and emergency medical purposes. In so contracting, the district or governmental entity is deemed for all purposes to be acting within its governmental capacity. This contracting authority includes the furnishing of fire prevention, fire suppression, investigation, emergency medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;
(4) Encourage uniformity and coordination of fire protection district operations. The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other district purposes, to hold and attend meetings, and to promote more economical and efficient operation of the associated fire protection districts. The commissioners of fire protection districts in the association shall adopt articles of association or articles of incorporation for a nonprofit corporation, select a chairman, secretary, and other officers as they may determine, and may employ and discharge agents and employees as the officers deem convenient to carry out the purposes of the association. The expenses of the association may be paid from funds paid into the association by fire protection districts: PROVIDED, That the aggregate contributions made to the association by a district in a calendar year shall not exceed two and one-half cents per thousand dollars of assessed valuation;
(5) Enter into contracts to provide group life insurance for the benefit of the personnel of the fire districts;
(6) Perform building and property inspections that the district deems necessary to provide fire prevention services and pre-fire planning within the district and any area that the district serves by contract in accordance with RCW 19.27.110: PROVIDED, That codes used by the district for building and property inspections shall be limited to the applicable codes adopted by the state, county, city, or town that has jurisdiction over the area in which the property is located. A copy of inspection reports prepared by the district shall be furnished by the district to the appropriate state, county, city, or town that has jurisdiction over the area in which the property is located: PROVIDED, That nothing in this subsection shall be construed to grant code enforcement authority to a district. This subsection shall not be construed as imposing liability on any governmental jurisdiction;
(7) Determine the origin and cause of fires occurring within the district and any area the district serves by contract. In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW 48.48.060;
(8) Perform acts consistent with this title and not otherwise prohibited by law.
NEW SECTION. Sec. 764. The association of fire commissioners that is authorized to be formed under RCW 52.12.031(4), the association of Washington cities, and the Washington state association of counties shall submit a report on achieving greater efficiency in the delivery of fire protection services to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 765. The state fire protection policy board shall conduct a study on the overlapping and confusing jurisdiction and responsibilities of local governments concerning fire investigation. The board shall make recommendations to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 766. The department of natural resources and the association of fire commissioners shall submit a report on the feasibility of providing fire protection for lands that are not federally protected, not protected by the department of natural resources, and not within the boundaries of a fire protection district to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 767. This act does not apply to forest fire service personnel and programs.
NEW SECTION. Sec. 768. RCW 48.48.120 and 1947 c 79 s .33.12 are each repealed.
Sec. 769. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:
(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state under RCW 84.52.065 shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by the state under section 770 of this act shall not exceed two cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for state fire protection services; (c) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (((c))) (d) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (((d))) (e) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.
(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.
NEW SECTION. Sec. 770. A new section is added to chapter 84.52 RCW to read as follows:
(1) Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year a tax of two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state, except classified or designated forest land under chapter 84.33 RCW, adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.
(2) The state fire protection services account is hereby created in the state treasury. All receipts from the tax levied under this section shall be deposited in the account. Except for unanticipated receipts under chapter 43.79 RCW, moneys in the account may be spent only after appropriation by statute. Expenditures from the account may be used only for state fire protection responsibilities.
NEW SECTION. Sec. 771. A new section is added to chapter 84.52 RCW to read as follows:
When a county assessor finds that the aggregate of all regular tax levies upon real and personal property by the state and all taxing districts other than a port or public utility district exceeds the limitation set forth in RCW 84.52.050, the assessor shall recompute and establish a consolidated levy as follows:
(1) If the limitation is exceeded only as a result of the levy authorized in section 770 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department, the certified property tax levy rates authorized under RCW 84.52.043(1)(e) and 52.16.140 shall be reduced on a pro rata basis until the limitation is not exceeded;
(2) If the limitation is exceeded as a result of both the levy authorized in section 770 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department and other tax levies, the pro rationing process provided in RCW 84.52.010 shall be followed until the limitation is exceeded only as a result of the levy authorized in section 770 of this act, and the consolidated levy shall then be further reduced in accordance with subsection (1) of this section.
NEW SECTION. Sec. 772. Sections 754 through 771 of this act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
MOTION
Senator Quigley moved that the following amendments be considered simultaneously and be adopted:
On page 177, after line 36, insert the following:
"Sec. 872. RCW 66.04.010 and 1991 c 192 s 1 are each amended to read as follows:
In this title, unless the context otherwise requires:
(1) "Agency" means the liquor control agency, the state agency established under section 2 of this act.
(2) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. The term "alcohol" does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.
(((2))) (3) "Beer" means any malt beverage or malt liquor as these terms are defined in this chapter.
(((3))) (4) "Board" means the liquor control review board comprised of five individuals appointed by the governor to conduct hearings on appeals of certain actions of the director.
(5) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor.
(((4) "Board" means the liquor control board, constituted under this title.
(5))) (6) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for pecuniary gain.
(((6))) (7) "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.
(((7))) (8) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his or her profession within the state pursuant to chapter 18.32 RCW.
(((8))) (9) "Director" means the director of the liquor control agency.
(10) "Distiller" means a person engaged in the business of distilling spirits.
(((9))) (11) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical chemistry pursuant to chapter 18.64 RCW.
(((10))) (12) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and employs a registered pharmacist during all hours the drug store is open.
(((11))) (13) "Employee" means any person employed by the ((board)) director, including a vendor, as hereinafter in this section defined.
(((12))) (14) "Fund" means 'liquor revolving fund.'
(((13))) (15) "Hotel" means every building or other structure kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty or more rooms are used for the sleeping accommodation of such transient guests and having one or more dining rooms where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building and buildings, in connection therewith, and such structure or structures being provided, in the judgment of the ((board)) director, with adequate and sanitary kitchen and dining room equipment and capacity, for preparing, cooking and serving suitable food for its guests: PROVIDED FURTHER, That in cities and towns of less than five thousand population, the ((board)) director shall have authority to waive the provisions requiring twenty or more rooms.
(((14))) (16) "Imprisonment" means confinement in the county jail.
(((15))) (17) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products that contain one percent or less of alcohol by weight.
(((16))) (18) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever.
(((17))) (19) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."
(((18))) (20) "Package" means any container or receptacle used for holding liquor.
(((19))) (21) "Permit" means a permit for the purchase of liquor under this title.
(((20))) (22) "Person" means an individual, copartnership, association, or corporation.
(((21))) (23) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his or her profession within the state pursuant to chapter 18.71 RCW.
(((22))) (24) "Prescription" means a memorandum signed by a physician and given by him or her to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.
(((23))) (25) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.
(((24))) (26) "Regulations" or "rules" means ((regulations made)) rules adopted under chapter 34.05 RCW by the ((board)) agency under the powers conferred by this title.
(((25))) (27) "Restaurant" means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.
(((26))) (28) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his or her agent in the state. "Sale" and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the ((board)) agency to a person not licensed by the ((board)) agency, for personal use only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the raffle has obtained the appropriate permit from the ((board)) agency.
(((27))) (29) "Soda fountain" means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.
(((28))) (30) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.
(((29))) (31) "Store" means a state liquor store established under this title.
(((30))) (32) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.
(((31))) (33) "Vendor" means a person employed by the ((board)) agency as a store manager under this title.
(((32))) (34) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.
(((33))) (35) "Domestic winery" means a place where wines are manufactured or produced within the state of Washington.
(((34))) (36) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. For purposes of this title, any beverage containing no more than fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall be referred to as "table wine," and any beverage containing alcohol in an amount more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified wine." However, "fortified wine" shall not include: (a) Wines that are both sealed or capped by cork closure and aged two years or more; and (b) wines that contain more than fourteen percent alcohol by volume solely as a result of the natural fermentation process and that have not been produced with the addition of wine spirits, brandy, or alcohol.
This subsection shall not be interpreted to require that any wine be labeled with the designation "table wine" or "fortified wine."
(((35))) (37) "Beer wholesaler" means a person who buys beer from a brewer or brewery located either within or beyond the boundaries of the state for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent.
(((36))) (38) "Wine wholesaler" means a person who buys wine from a vintner or winery located either within or beyond the boundaries of the state for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent.
NEW SECTION. Sec. 873. A new section is added to chapter 66.08 RCW to read as follows:
There is an agency of state government known as the "Washington state liquor control agency."
The executive head of the liquor control agency is the director. The director is appointed by, and serves at the pleasure of, the governor. The appointment of the director is subject to confirmation by the senate. The director is paid a salary to be fixed by the governor in accordance with RCW 43.03.040. The director shall have: (1) At least five years of demonstrated successful business or public management experience; (2) demonstrable competence in establishing and using management information systems; and (3) a demonstrated understanding of distribution and retail sales operations and the relevance of that knowledge to the Washington's controlled sales environment.
NEW SECTION. Sec. 874.
All powers, duties, and functions vested by law in the liquor control board are transferred to the director of the liquor control agency, except those powers, duties, and functions which are expressly assigned to the liquor control review board. This transfer shall take place July 1, 1995. This act does not create a new agency, but establishes the Washington state liquor control review board and provides for a new administrative structure within the renamed agency.NEW SECTION. Sec. 875. A new section is added to chapter 66.08 RCW to read as follows:
There shall be a right of appeal of decisions of the director made under RCW 66.24.010, on decisions made under the authority granted to the director under RCW 66.08.030(2)(a), on decisions made under chapter 66.44 RCW, or on decisions made under section 9(9) of this act. These appeals shall be heard by the liquor control review board.
The final decision of the liquor control review board shall be an adjudicative proceeding and subject to the applicable provisions of chapter 34.05 RCW.
Sec. 876. RCW 66.08.012 and 1961 c 307 s 7 are each amended to read as follows:
((There shall be a board, known as the "Washington state liquor control board," consisting of three)) The liquor control review board shall consist of five members, to be appointed by the governor, with the consent of the senate, ((who shall)) to serve six-year staggered terms. Each member shall be ((paid an annual salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040)) compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. The governor may, in his or her discretion, appoint one of the members as ((chairman)) chair of the board, and a majority of the members shall constitute a quorum of the board. The board shall meet to hear appeals on licensing decisions made under RCW 66.24.010, on decisions made under the authority granted by RCW 66.08.030(2)(a), on decisions made under chapter 66.44 RCW, or on decisions made under section 9(9) of this act.
Sec. 877. RCW 66.08.014 and 1986 c 105 s 1 are each amended to read as follows:
(1) The members of the board ((to be appointed after December 2, 1948)) shall be appointed for terms beginning ((January 15, 1949)) July 1, 1995, and expiring as follows: ((One member)) Two members of the board for ((a)) terms of ((three)) two years from ((January 15, 1949; one member)) July 1, 1995; two members of the board for ((a)) terms of ((six)) four years from ((January 15, 1949)) July 1, 1995; and one member of the board for a term of ((nine)) six years from ((January 15, 1949)) July 1, 1995. Each of the members of the board appointed hereunder shall hold office until his or her successor is appointed and qualified. ((After June 11, 1986, the term that began on January 15, 1985, will end on January 15, 1989, the term beginning on January 15, 1988, will end on January 15, 1993, and the term beginning on January 15, 1991, will end on January 15, 1997.)) Thereafter, upon the expiration of the term of any member appointed after ((June 11, 1986)) July 1, 1995, each succeeding member of the board shall be appointed and hold office for the term of six years. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs. No vacancy in the membership of the board shall impair the right of the remaining member or members to act, except as herein otherwise provided.
(2) The principal office of the board shall be at the state capitol((, and it may establish such other offices as it may deem necessary)).
(3) Any member of the board may be removed for inefficiency, malfeasance or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member of the board by the tribunal shall disqualify such member for reappointment.
(((4) Each member of the board shall devote his entire time to the duties of his office and no member of the board shall hold any other public office. Before entering upon the duties of his office, each of said members of the board shall enter into a surety bond executed by a surety company authorized to do business in this state, payable to the state of Washington, to be approved by the governor in the penal sum of fifty thousand dollars conditioned upon the faithful performance of his duties, and shall take and subscribe to the oath of office prescribed for elective state officers, which oath and bond shall be filed with the secretary of state. The premium for said bond shall be paid by the board.))
Sec. 878. RCW 66.08.020 and 1933 ex.s. c 62 s 5 are each amended to read as follows:
The administration of this title, including the general control, management, and supervision of all liquor stores, shall be vested in the ((liquor control board, constituted under this title.)) director, who shall carry out this administrative function in accordance with the rules adopted under this title.
In addition to any other powers granted or transferred to the director, the director shall have the following powers and duties as may be necessary to carry out the purposes of this title:
(1) Supervise and administer the operations of the liquor control agency in accordance with the provisions of this title;
(2) Appoint personnel and prescribe their duties;
(3) Enter into contracts on behalf of the agency;
(4) Accept and expend donations, grants, or other funds;
(5) Delegate powers, duties, and functions of the liquor control agency to employees of the agency as the director deems necessary to ensure efficient administration;
(6) Appoint advisory committees and undertake studies, research, and analysis necessary to support activities of the agency;
(7) Perform such other duties as are consistent with this title; and
(8) The director may summarily suspend a license or permit for a period of up to thirty days without a prior hearing if he or she finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in his or her order; and proceedings for revocation or other action must be promptly instituted and determined.
Sec. 879. RCW 66.08.030 and 1977 ex.s. c 115 s 1 are each amended to read as follows:
(1) For the purpose of carrying into effect the provisions of this title according to their true intent or of supplying any deficiency therein, the ((board may make such regulations)) director may adopt those rules not inconsistent with the spirit of this title as are deemed necessary or advisable. All ((regulations)) rules so made shall be a public record and shall be filed in the office of the code reviser, and thereupon shall have the same force and effect as if incorporated in this title. Such ((regulations)) rules, together with a copy of this title, shall be published in pamphlets and shall be distributed as directed by the ((board)) director.
(2) The director shall adopt rules applicable to adjudicative proceedings that are subject to the applicable provisions of chapter 34.05 RCW as provided in (a), (b), and (c) of this subsection.
(a) An opportunity for a hearing may be provided an applicant for the reissuance of a permit or license prior to the disposition of the application, and if no such opportunity for a prior hearing is provided then an opportunity for a hearing to reconsider the application must be provided the applicant.
(b) An opportunity for a hearing must be provided a permittee or licensee prior to a revocation or modification of any permit or license and, except as provided in RCW 66.08.020(8), prior to the suspension of any permit or license.
(c) No hearing shall be required until demanded by the applicant, permittee, or licensee.
(3) Without thereby limiting the generality of the provisions contained in subsection (1) of this section, it is declared that the power of the ((board to make regulations)) director to adopt rules in the manner set out in that subsection shall extend to:
(a) ((regulating the equipment and management of stores and warehouses in which state liquor is sold or kept, and prescribing the books and records to be kept therein and the reports to be made thereon to the board;
(b) prescribing the duties of the employees of the board, and regulating their conduct in the discharge of their duties;
(c))) Governing the purchase of liquor by the state and the furnishing of liquor to stores established under this title;
(((d))) (b) Determining the classes, varieties, and brands of liquor to be kept for sale at any store;
(((e))) (c) Prescribing, subject to RCW 66.16.080, the hours during which the state liquor stores shall be kept open for the sale of liquor;
(((f))) (d) Providing for the issuing and distributing of price lists showing the price to be paid by purchasers for each variety of liquor kept for sale under this title;
(((g))) (e) Prescribing an official seal and official labels and stamps and determining the manner in which they shall be attached to every package of liquor sold or sealed under this title, including the prescribing of different official seals or different official labels for different classes of liquor;
(((h))) (f) Providing for the payment by the ((board)) liquor control agency in whole or in part of the carrying charges on liquor shipped by freight or express;
(((i))) (g) Prescribing forms to be used for purposes of this title or the ((regulations)) rules, and the terms and conditions to be contained in permits and licenses issued under this title;
(((j))) (h) Prescribing the fees payable in respect of permits and licenses issued under this title for which no fees are prescribed in this title, and prescribing the fees for anything done or permitted to be done under the ((regulations)) rules;
(((k))) (i) Prescribing the kinds and quantities of liquor which may be kept on hand by the holder of a special permit for the purposes named in the permit, regulating the manner in which the same shall be kept and disposed of, and providing for the inspection of the same at any time at the instance of the ((board)) director;
(((l))) (j) Regulating the sale of liquor kept by the holders of licenses which entitle the holder to purchase and keep liquor for sale;
(((m))) (k) Prescribing the records of purchases or sales of liquor kept by the holders of licenses, and the reports to be made thereon to the ((board)) agency, and providing for inspection of the records so kept;
(((n))) (l) Prescribing the kinds and quantities of liquor for which a prescription may be given, and the number of prescriptions which may be given to the same patient within a stated period;
(((o))) (m) Prescribing the manner of giving and serving notices required by this title or the ((regulations)) rules, where not otherwise provided for in this title;
(((p))) (n) Regulating premises in which liquor is kept for export from the state, or from which liquor is exported, prescribing the books and records to be kept therein and the reports to be made thereon to the ((board)) agency, and providing for the inspection of the premises and the books, records and the liquor so kept;
(((q))) (o) Prescribing the conditions and qualifications requisite for the obtaining of club licenses and the books and records to be kept and the returns to be made by clubs, prescribing the manner of licensing clubs in any municipality or other locality, and providing for the inspection of clubs;
(((r))) (p) Prescribing the conditions, accommodations and qualifications requisite for the obtaining of licenses to sell beer and wines, and regulating the sale of beer and wines thereunder;
(((s))) (q) Specifying and regulating the time and periods when, and the manner, methods and means by which manufacturers shall deliver liquor within the state; and the time and periods when, and the manner, methods and means by which liquor may lawfully be conveyed or carried within the state;
(((t))) (r) Providing for the making of returns by brewers of their sales of beer shipped within the state, or from the state, showing the gross amount of such sales and providing for the inspection of brewers' books and records, and for the checking of the accuracy of any such returns;
(((u))) (s) Providing for the making of returns by the wholesalers of beer whose breweries are located beyond the boundaries of the state;
(((v))) (t) Providing for the making of returns by any other liquor manufacturers, showing the gross amount of liquor produced or purchased, the amount sold within and exported from the state, and to whom so sold or exported, and providing for the inspection of the premises of any such liquor manufacturers, their books and records, and for the checking of any such return;
(((w))) (u) Providing for the giving of fidelity bonds by any or all of the employees of the ((board)) liquor control agency: PROVIDED, That the premiums therefor shall be paid by the ((board)) agency;
(((x))) (v) Providing for the shipment by mail or common carrier of liquor to any person holding a permit and residing in any unit which has, by election pursuant to this title, prohibited the sale of liquor therein;
(((y))) (w) Prescribing methods of manufacture, conditions of sanitation, standards of ingredients, quality and identity of alcoholic beverages manufactured, sold, bottled, or handled by licensees and the ((board)) liquor control agency; and conducting from time to time, in the interest of the public health and general welfare, scientific studies and research relating to alcoholic beverages and the use and effect thereof;
(((z))) (x) Seizing, confiscating and destroying all alcoholic beverages manufactured, sold or offered for sale within this state which do not conform in all respects to the standards prescribed by this title or the ((regulations)) rules of the ((board)) agency: PROVIDED, Nothing ((herein contained)) in this section shall be construed as authorizing the liquor ((board)) control agency to prescribe, alter, limit or in any way change the present law as to the quantity or percentage of alcohol used in the manufacturing of wine or other alcoholic beverages.
NEW SECTION. Sec. 880. A new section is added to chapter 66.08 RCW to read as follows:
The director, subject to the provisions of this title and the rules adopted under this title, shall:
(1) Establish all necessary warehouses for the storing and bottling, diluting, and rectifying of stocks of liquors for the purposes of this title;
(2) Provide for the leasing for periods not to exceed ten years of all premises required for the conduct of the business; and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for obtaining options of renewal of such leases by the lessee. The terms of such leases in all other respects shall be subject to the direction of the director;
(3) Execute or cause to be executed, all contracts, papers, and documents in the name of the agency, under such rules as the agency may adopt;
(4) Pay all customs, duties, excises, charges, and obligations whatsoever relating to the business of the agency;
(5) Require bonds from all employees in the discretion of the director, and to determine the amount of fidelity bond of each such employee;
(6) Perform services for the state lottery commission to such extent, and for such compensation, as may be mutually agreed upon between the director and the commission;
(7) Perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this title, and shall have full power to do each and every act necessary to the conduct of its business, including all buying, selling, preparation and approval of forms, and every other function of the business whatsoever, subject only to audit by the state auditor: PROVIDED, That the director shall have no authority to regulate the content of spoken language on licensed premises where wine and other liquors are served and where there is not a clear and present danger of disorderly conduct being provoked by such language;
(8) Determine the localities within which state liquor stores shall be established throughout the state, and the number and situation of the stores within each locality;
(9) Appoint in cities and towns and other communities, in which no state liquor store is located, liquor vendors. Such liquor vendors shall be agents of the liquor control agency and be authorized to sell liquor to such persons, firms, or corporations as provided for the sale of liquor from a state liquor store, and such vendors shall be subject to such additional rules consistent with this title; and
(10) Determine the nature, form, and capacity of all packages to be used for containing liquor kept for sale under this title.
NEW SECTION. Sec. 881. A new section is added to chapter 66.08 RCW to read as follows:
The director shall prepare, update, and execute an integrated liquor plan that includes, but is not limited to, the following elements:
(1) A program to achieve efficiencies and ensure operational integration of regulatory, merchandising, and administrative services;
(2) A program of public and consumer information and coordination with other public agencies and private organizations that emphasizes alcohol abuse prevention and responsible consumption; and
(3) A strategy for implementation of the plan.
Sec. 882. RCW 66.08.060 and 1933 ex.s. c 62 s 43 are each amended to read as follows:
The ((board)) agency shall not advertise liquor in any form or through any medium whatsoever. The ((board)) agency shall have power to adopt any and all reasonable regulations as to the kind, character, and location of advertising of liquor.
Sec. 883. RCW 66.08.070 and 1985 c 226 s 2 are each amended to read as follows:
(1) Every order for the purchase of liquor shall be authorized by the ((board)) agency, and no order for liquor shall be valid or binding unless it is so authorized and signed by the ((board)) agency or its authorized designee.
(2) A duplicate of every such order shall be kept on file in the office of the ((board)) agency.
(3) All cancellations of such orders made by the ((board)) agency shall be signed in the same manner and duplicates thereof kept on file in the office of the ((board)) agency. Nothing in this title shall be construed as preventing the ((board)) agency from accepting liquor on consignment.
(4) In the purchase of wine or malt beverages the ((board)) agency shall not require, as a term or condition of purchase, any warranty or affirmation with respect to the relationship of the price charged the ((board)) agency to any price charged any other buyer.
Sec. 884. RCW 66.08.075 and 1937 c 217 s 5 (adding new section 42-A to 1933 ex.s. c 62) are each amended to read as follows:
No official or employee of the ((liquor control board of the state of Washington)) agency shall, during his or her term of office or employment, or for a period of two years immediately following the termination thereof, represent directly or indirectly any manufacturer or wholesaler of liquor in the sale of liquor to the ((board)) agency.
Sec. 885. RCW 66.08.090 and 1933 ex.s. c 62 s 31 are each amended to read as follows:
No employee shall sell liquor in any other place, nor at any other time, nor otherwise than as authorized by the ((board)) agency under this title and the regulations.
Sec. 886. RCW 66.08.100 and 1935 c 174 s 9 (adding new section 62-A to 1933 ex.s. c 62) are each amended to read as follows:
No court of the state of Washington other than the superior court of Thurston county shall have jurisdiction over any action or proceeding against the ((board)) agency or any member thereof for anything done or omitted to be done in or arising out of the performance of ((his or their)) the member's duties under this title. Neither the ((board)) agency nor any member or members thereof shall be personally liable in any action at law for damages sustained by any person because of any acts performed or done or omitted to be done by the ((board)) agency or any employee of the ((board)) agency in the performance of his or her duties and in the administration of this title.
Sec. 887. RCW 10.93.020 and 1988 c 36 s 5 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol is a general authority Washington law enforcement agency.
(2) "Limited authority Washington law enforcement agency" means any agency, political subdivision, or unit of local government of this state, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources, ((fisheries,)) fish and wildlife, and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor control ((board)) agency, and the state department of corrections.
(3) "General authority Washington peace officer" means any full-time, fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.
(4) "Limited authority Washington peace officer" means any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible. A limited authority Washington peace officer may be a specially commissioned Washington peace officer if otherwise qualified for such status under this chapter.
(5) "Specially commissioned Washington peace officer", for the purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of the state of Washington, who does not qualify under this chapter as a general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers, and specially commissioned full-time, fully compensated peace officers duly commissioned by the states of Oregon or Idaho or any such peace officer commissioned by a unit of local government of Oregon or Idaho. A reserve peace officer is an individual who is an officer of a Washington law enforcement agency who does not serve such agency on a full-time basis but who, when called by the agency into active service, is fully commissioned on the same basis as full-time peace officers to enforce the criminal laws of the state.
(6) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.
(7) "Agency with primary territorial jurisdiction" means a city or town police agency which has responsibility for police activity within its boundaries; or a county police or sheriff's department which has responsibility with regard to police activity in the unincorporated areas within the county boundaries; or a statutorily authorized port district police agency or four-year state college or university police agency which has responsibility for police activity within the statutorily authorized enforcement boundaries of the port district, state college, or university.
(8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer.
(9) "Primary function of an agency" means that function to which greater than fifty percent of the agency's resources are allocated.
(10) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes.
Sec. 888. RCW 19.02.050 and 1989 1st ex.s. c 9 s 317 are each amended to read as follows:
(1) The legislature hereby directs the full participation by the following agencies in the implementation of this chapter:
(a) Department of agriculture;
(b) Secretary of state;
(c) Department of social and health services;
(d) Department of revenue;
(e) Department of ((fisheries)) fish and wildlife;
(f) Department of employment security;
(g) Department of labor and industries;
(h) Department of community, trade, and economic development;
(i) Liquor control ((board)) agency;
(j) Department of health;
(k) Department of licensing;
(l) Utilities and transportation commission; and
(m) Other agencies as determined by the governor.
Sec. 889. RCW 43.17.010 and 1993 sp.s. c 2 s 16, 1993 c 472 s 17, and 1993 c 280 s 18 are each reenacted and amended to read as follows:
There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of general administration, (9) the department of community, trade, and economic development, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, ((and)) (14) the department of health, ((and)) (15) the department of financial institutions, and (16) the liquor control agency, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.
Sec. 890. RCW 43.17.020 and 1993 sp.s. c 2 s 17, 1993 c 472 s 18, and 1993 c 280 s 19 are each reenacted and amended to read as follows:
There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((and)) (14) the secretary of health, ((and)) (15) the director of financial institutions, and (16) the director of the liquor control agency.
Such officers, except the secretary of transportation, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.
Sec. 891. RCW 42.17.2401 and 1993 sp.s. c 2 s 18, 1993 c 492 s 488, and 1993 c 281 s 43 are each reenacted and amended to read as follows:
For the purposes of RCW 42.17.240, the term "executive state officer" includes:
(1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the liquor control agency, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, ((the director of trade and economic development,)) the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, ((liquor control board,)) lottery commission, marine oversight board, oil and gas conservation committee, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.
Sec. 892. RCW 43.82.010 and 1990 c 47 s 1 are each amended to read as follows:
(1) The director of the department of general administration, on behalf of the agency involved, shall purchase, lease, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate. This section does not transfer financial liability for the acquired property to the department of general administration.
(2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section.
(3) The director is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies. The director shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.
(4) If the director determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsections (1) or (3) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds: PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.
(5) In order to obtain maximum utilization of space, the director shall make space utilization studies, and shall establish standards for use of space by state agencies.
(6) The director may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his management.
(7) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director or the director's designee, and recorded with the county auditor of the county in which the property is located.
(8) The director may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable.
(9) This section does not apply to the acquisition of real estate by:
(a) The state college and universities for research or experimental purposes;
(b) The state liquor control ((board)) agency for liquor stores and warehouses; and
(c) The department of natural resources, the department of ((fisheries, the department of)) fish and wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.
(10) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.
NEW SECTION. Sec. 893. The following acts or parts of acts are each repealed:
(1) RCW 66.08.016 and 1961 c 1 s 30, 1947 c 113 s 2, & 1933 ex.s. c 62 s 65;
(2) RCW 66.08.050 and 1993 c 25 s 1, 1986 c 214 s 2, 1983 c 160 s 1, 1975 1st ex.s. c 173 s 1, 1969 ex.s. c 178 s 1, 1963 c 239 s 3, 1935 c 174 s 10, & 1933 ex.s. c 62 s 69; and
(3) RCW 66.08.150 and 1989 c 175 s 122, 1967 c 237 s 23, & 1933 ex.s. c 62 s 62.
NEW SECTION. Sec. 894. Nothing in this act requires the liquor control agency to discard stationery or signs, rename its facilities or stores, or incur similar expenses attributable to the renaming of the agency.
NEW SECTION. Sec. 895. The code reviser shall prepare and present to the 1995 legislature a bill which corrects references to the liquor control board that are rendered inaccurate by this act."
Renumber remaining sections consecutively.
On page 178, line 7, after "1994" insert ": PROVIDED, That sections 872 through 894 of this act shall take effect July 1, 1995"
MOTION
On motion of Senator Quigley, the amendments on page 177, after line 36, and page 178, line 7, to Engrossed Substitute House Bill No. 2676 were withdrawn.
MOTION
Senator Quigley moved that the following amendments be considered simultaneously and be adopted:
On page 177, after line 36, insert the following:
"Sec. 872. RCW 66.04.010 and 1991 c 192 s 1 are each amended to read as follows:
In this title, unless the context otherwise requires:
(1) "Agency" means the liquor control agency, the state agency established under section 2 of this act.
(2) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. The term "alcohol" does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.
(((2))) (3) "Beer" means any malt beverage or malt liquor as these terms are defined in this chapter.
(((3))) (4) "Board" means the liquor control review board comprised of five individuals appointed by the governor to conduct hearings on appeals of certain actions of the director.
(5) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor.
(((4) "Board" means the liquor control board, constituted under this title.
(5))) (6) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for pecuniary gain.
(((6))) (7) "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.
(((7))) (8) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his or her profession within the state pursuant to chapter 18.32 RCW.
(((8))) (9) "Director" means the director of the liquor control agency.
(10) "Distiller" means a person engaged in the business of distilling spirits.
(((9))) (11) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical chemistry pursuant to chapter 18.64 RCW.
(((10))) (12) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and employs a registered pharmacist during all hours the drug store is open.
(((11))) (13) "Employee" means any person employed by the ((board)) director, including a vendor, as hereinafter in this section defined.
(((12))) (14) "Fund" means 'liquor revolving fund.'
(((13))) (15) "Hotel" means every building or other structure kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty or more rooms are used for the sleeping accommodation of such transient guests and having one or more dining rooms where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building and buildings, in connection therewith, and such structure or structures being provided, in the judgment of the ((board)) director, with adequate and sanitary kitchen and dining room equipment and capacity, for preparing, cooking and serving suitable food for its guests: PROVIDED FURTHER, That in cities and towns of less than five thousand population, the ((board)) director shall have authority to waive the provisions requiring twenty or more rooms.
(((14))) (16) "Imprisonment" means confinement in the county jail.
(((15))) (17) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products that contain one percent or less of alcohol by weight.
(((16))) (18) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever.
(((17))) (19) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."
(((18))) (20) "Package" means any container or receptacle used for holding liquor.
(((19))) (21) "Permit" means a permit for the purchase of liquor under this title.
(((20))) (22) "Person" means an individual, copartnership, association, or corporation.
(((21))) (23) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his or her profession within the state pursuant to chapter 18.71 RCW.
(((22))) (24) "Prescription" means a memorandum signed by a physician and given by him or her to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.
(((23))) (25) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.
(((24))) (26) "Regulations" or "rules" means ((regulations made)) rules adopted under chapter 34.05 RCW by the ((board)) agency under the powers conferred by this title.
(((25))) (27) "Restaurant" means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.
(((26))) (28) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his or her agent in the state. "Sale" and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the ((board)) agency to a person not licensed by the ((board)) agency, for personal use only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the raffle has obtained the appropriate permit from the ((board)) agency.
(((27))) (29) "Soda fountain" means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.
(((28))) (30) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.
(((29))) (31) "Store" means a state liquor store established under this title.
(((30))) (32) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.
(((31))) (33) "Vendor" means a person employed by the ((board)) agency as a store manager under this title.
(((32))) (34) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.
(((33))) (35) "Domestic winery" means a place where wines are manufactured or produced within the state of Washington.
(((34))) (36) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. For purposes of this title, any beverage containing no more than fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall be referred to as "table wine," and any beverage containing alcohol in an amount more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified wine." However, "fortified wine" shall not include: (a) Wines that are both sealed or capped by cork closure and aged two years or more; and (b) wines that contain more than fourteen percent alcohol by volume solely as a result of the natural fermentation process and that have not been produced with the addition of wine spirits, brandy, or alcohol.
This subsection shall not be interpreted to require that any wine be labeled with the designation "table wine" or "fortified wine."
(((35))) (37) "Beer wholesaler" means a person who buys beer from a brewer or brewery located either within or beyond the boundaries of the state for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent.
(((36))) (38) "Wine wholesaler" means a person who buys wine from a vintner or winery located either within or beyond the boundaries of the state for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent.
NEW SECTION. Sec. 873. A new section is added to chapter 66.08 RCW to read as follows:
There is an agency of state government known as the "Washington state liquor control agency."
The executive head of the liquor control agency is the director. The director is appointed by, and serves at the pleasure of, the governor. The appointment of the director is subject to confirmation by the senate. The director is paid a salary to be fixed by the governor in accordance with RCW 43.03.040. The director shall have: (1) At least five years of demonstrated successful business or public management experience; (2) demonstrable competence in establishing and using management information systems; and (3) a demonstrated understanding of distribution and retail sales operations and the relevance of that knowledge to the Washington's controlled sales environment.
NEW SECTION. Sec. 874. All powers, duties, and functions vested by law in the liquor control board are transferred to the director of the liquor control agency, except those powers, duties, and functions which are expressly assigned to the liquor control review board. This transfer shall take place July 1, 1995. This act does not create a new agency, but establishes the Washington state liquor control review board and provides for a new administrative structure within the renamed agency.
NEW SECTION. Sec. 875. A new section is added to chapter 66.08 RCW to read as follows:
There shall be a right of appeal of decisions of the director made under RCW 66.24.010, on decisions made under the authority granted to the director under RCW 66.08.030(2)(a), on decisions made under chapter 66.44 RCW, or on decisions made under section 9(9) of this act. These appeals shall be heard by the liquor control review board.
The final decision of the liquor control review board shall be an adjudicative proceeding and subject to the applicable provisions of chapter 34.05 RCW.
Sec. 876. RCW 66.08.012 and 1961 c 307 s 7 are each amended to read as follows:
((There shall be a board, known as the "Washington state liquor control board," consisting of three)) The liquor control review board shall consist of five members, to be appointed by the governor, with the consent of the senate, ((who shall)) to serve six-year staggered terms. Each member shall be ((paid an annual salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040)) compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. The governor may, in his or her discretion, appoint one of the members as ((chairman)) chair of the board, and a majority of the members shall constitute a quorum of the board. The board shall meet to hear appeals on licensing decisions made under RCW 66.24.010, on decisions made under the authority granted by RCW 66.08.030(2)(a), on decisions made under chapter 66.44 RCW, or on decisions made under section 9(9) of this act.
Sec. 877. RCW 66.08.014 and 1986 c 105 s 1 are each amended to read as follows:
(1) The members of the board ((to be appointed after December 2, 1948)) shall be appointed for terms beginning ((January 15, 1949)) July 1, 1995, and expiring as follows: ((One member)) Two members of the board for ((a)) terms of ((three)) two years from ((January 15, 1949; one member)) July 1, 1995; two members of the board for ((a)) terms of ((six)) four years from ((January 15, 1949)) July 1, 1995; and one member of the board for a term of ((nine)) six years from ((January 15, 1949)) July 1, 1995. Each of the members of the board appointed hereunder shall hold office until his or her successor is appointed and qualified. ((After June 11, 1986, the term that began on January 15, 1985, will end on January 15, 1989, the term beginning on January 15, 1988, will end on January 15, 1993, and the term beginning on January 15, 1991, will end on January 15, 1997.)) Thereafter, upon the expiration of the term of any member appointed after ((June 11, 1986)) July 1, 1995, each succeeding member of the board shall be appointed and hold office for the term of six years. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs. No vacancy in the membership of the board shall impair the right of the remaining member or members to act, except as herein otherwise provided.
(2) The principal office of the board shall be at the state capitol((, and it may establish such other offices as it may deem necessary)).
(3) Any member of the board may be removed for inefficiency, malfeasance or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member of the board by the tribunal shall disqualify such member for reappointment.
(((4) Each member of the board shall devote his entire time to the duties of his office and no member of the board shall hold any other public office. Before entering upon the duties of his office, each of said members of the board shall enter into a surety bond executed by a surety company authorized to do business in this state, payable to the state of Washington, to be approved by the governor in the penal sum of fifty thousand dollars conditioned upon the faithful performance of his duties, and shall take and subscribe to the oath of office prescribed for elective state officers, which oath and bond shall be filed with the secretary of state. The premium for said bond shall be paid by the board.))
Sec. 878. RCW 66.08.020 and 1933 ex.s. c 62 s 5 are each amended to read as follows:
The administration of this title, including the general control, management, and supervision of all liquor stores, shall be vested in the ((liquor control board, constituted under this title.)) director, who shall carry out this administrative function in accordance with the rules adopted under this title.
In addition to any other powers granted or transferred to the director, the director shall have the following powers and duties as may be necessary to carry out the purposes of this title:
(1) Supervise and administer the operations of the liquor control agency in accordance with the provisions of this title;
(2) Appoint personnel and prescribe their duties;
(3) Enter into contracts on behalf of the agency;
(4) Accept and expend donations, grants, or other funds;
(5) Delegate powers, duties, and functions of the liquor control agency to employees of the agency as the director deems necessary to ensure efficient administration;
(6) Appoint advisory committees and undertake studies, research, and analysis necessary to support activities of the agency;
(7) Perform such other duties as are consistent with this title; and
(8) The director may summarily suspend a license or permit for a period of up to thirty days without a prior hearing if he or she finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in his or her order; and proceedings for revocation or other action must be promptly instituted and determined.
Sec. 879. RCW 66.08.030 and 1977 ex.s. c 115 s 1 are each amended to read as follows:
(1) For the purpose of carrying into effect the provisions of this title according to their true intent or of supplying any deficiency therein, the ((board may make such regulations)) liquor control review board may adopt those rules not inconsistent with the spirit of this title as are deemed necessary or advisable. All ((regulations)) rules so made shall be a public record and shall be filed in the office of the code reviser, and thereupon shall have the same force and effect as if incorporated in this title. Such ((regulations)) rules, together with a copy of this title, shall be published in pamphlets and shall be distributed as directed by the ((board)) liquor control review board.
(2) The liquor control review board shall adopt rules applicable to adjudicative proceedings that are subject to the applicable provisions of chapter 34.05 RCW as provided in (a), (b), and (c) of this subsection.
(a) An opportunity for a hearing may be provided an applicant for the reissuance of a permit or license prior to the disposition of the application, and if no such opportunity for a prior hearing is provided then an opportunity for a hearing to reconsider the application must be provided the applicant.
(b) An opportunity for a hearing must be provided a permittee or licensee prior to a revocation or modification of any permit or license and, except as provided in RCW 66.08.020(8), prior to the suspension of any permit or license.
(c) No hearing shall be required until demanded by the applicant, permittee, or licensee.
(3) Without thereby limiting the generality of the provisions contained in subsection (1) of this section, it is declared that the power of the ((board to make regulations)) liquor control review board to adopt rules in the manner set out in that subsection shall extend to:
(a) ((regulating the equipment and management of stores and warehouses in which state liquor is sold or kept, and prescribing the books and records to be kept therein and the reports to be made thereon to the board;
(b) prescribing the duties of the employees of the board, and regulating their conduct in the discharge of their duties;
(c))) Governing the purchase of liquor by the state and the furnishing of liquor to stores established under this title;
(((d))) (b) Determining the classes, varieties, and brands of liquor to be kept for sale at any store;
(((e))) (c) Prescribing, subject to RCW 66.16.080, the hours during which the state liquor stores shall be kept open for the sale of liquor;
(((f))) (d) Providing for the issuing and distributing of price lists showing the price to be paid by purchasers for each variety of liquor kept for sale under this title;
(((g))) (e) Prescribing an official seal and official labels and stamps and determining the manner in which they shall be attached to every package of liquor sold or sealed under this title, including the prescribing of different official seals or different official labels for different classes of liquor;
(((h))) (f) Providing for the payment by the ((board)) liquor control agency in whole or in part of the carrying charges on liquor shipped by freight or express;
(((i))) (g) Prescribing forms to be used for purposes of this title or the ((regulations)) rules, and the terms and conditions to be contained in permits and licenses issued under this title;
(((j))) (h) Prescribing the fees payable in respect of permits and licenses issued under this title for which no fees are prescribed in this title, and prescribing the fees for anything done or permitted to be done under the ((regulations)) rules;
(((k))) (i) Prescribing the kinds and quantities of liquor which may be kept on hand by the holder of a special permit for the purposes named in the permit, regulating the manner in which the same shall be kept and disposed of, and providing for the inspection of the same at any time at the instance of the ((board)) director;
(((l))) (j) Regulating the sale of liquor kept by the holders of licenses which entitle the holder to purchase and keep liquor for sale;
(((m))) (k) Prescribing the records of purchases or sales of liquor kept by the holders of licenses, and the reports to be made thereon to the ((board)) agency, and providing for inspection of the records so kept;
(((n))) (l) Prescribing the kinds and quantities of liquor for which a prescription may be given, and the number of prescriptions which may be given to the same patient within a stated period;
(((o))) (m) Prescribing the manner of giving and serving notices required by this title or the ((regulations)) rules, where not otherwise provided for in this title;
(((p))) (n) Regulating premises in which liquor is kept for export from the state, or from which liquor is exported, prescribing the books and records to be kept therein and the reports to be made thereon to the ((board)) agency, and providing for the inspection of the premises and the books, records and the liquor so kept;
(((q))) (o) Prescribing the conditions and qualifications requisite for the obtaining of club licenses and the books and records to be kept and the returns to be made by clubs, prescribing the manner of licensing clubs in any municipality or other locality, and providing for the inspection of clubs;
(((r))) (p) Prescribing the conditions, accommodations and qualifications requisite for the obtaining of licenses to sell beer and wines, and regulating the sale of beer and wines thereunder;
(((s))) (q) Specifying and regulating the time and periods when, and the manner, methods and means by which manufacturers shall deliver liquor within the state; and the time and periods when, and the manner, methods and means by which liquor may lawfully be conveyed or carried within the state;
(((t))) (r) Providing for the making of returns by brewers of their sales of beer shipped within the state, or from the state, showing the gross amount of such sales and providing for the inspection of brewers' books and records, and for the checking of the accuracy of any such returns;
(((u))) (s) Providing for the making of returns by the wholesalers of beer whose breweries are located beyond the boundaries of the state;
(((v))) (t) Providing for the making of returns by any other liquor manufacturers, showing the gross amount of liquor produced or purchased, the amount sold within and exported from the state, and to whom so sold or exported, and providing for the inspection of the premises of any such liquor manufacturers, their books and records, and for the checking of any such return;
(((w))) (u) Providing for the giving of fidelity bonds by any or all of the employees of the ((board)) liquor control agency: PROVIDED, That the premiums therefor shall be paid by the ((board)) agency;
(((x))) (v) Providing for the shipment by mail or common carrier of liquor to any person holding a permit and residing in any unit which has, by election pursuant to this title, prohibited the sale of liquor therein;
(((y))) (w) Prescribing methods of manufacture, conditions of sanitation, standards of ingredients, quality and identity of alcoholic beverages manufactured, sold, bottled, or handled by licensees and the ((board)) liquor control agency; and conducting from time to time, in the interest of the public health and general welfare, scientific studies and research relating to alcoholic beverages and the use and effect thereof;
(((z))) (x) Seizing, confiscating and destroying all alcoholic beverages manufactured, sold or offered for sale within this state which do not conform in all respects to the standards prescribed by this title or the ((regulations)) rules of the ((board)) agency: PROVIDED, Nothing ((herein contained)) in this section shall be construed as authorizing the liquor ((board)) control agency to prescribe, alter, limit or in any way change the present law as to the quantity or percentage of alcohol used in the manufacturing of wine or other alcoholic beverages.
NEW SECTION. Sec. 880. A new section is added to chapter 66.08 RCW to read as follows:
The director, subject to the provisions of this title and the rules adopted under this title, shall:
(1) Establish all necessary warehouses for the storing and bottling, diluting, and rectifying of stocks of liquors for the purposes of this title;
(2) Provide for the leasing for periods not to exceed ten years of all premises required for the conduct of the business; and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for obtaining options of renewal of such leases by the lessee. The terms of such leases in all other respects shall be subject to the direction of the director;
(3) Execute or cause to be executed, all contracts, papers, and documents in the name of the agency, under such rules as the agency may adopt;
(4) Pay all customs, duties, excises, charges, and obligations whatsoever relating to the business of the agency;
(5) Require bonds from all employees in the discretion of the director, and to determine the amount of fidelity bond of each such employee;
(6) Perform services for the state lottery commission to such extent, and for such compensation, as may be mutually agreed upon between the director and the commission;
(7) Perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this title, and shall have full power to do each and every act necessary to the conduct of its business, including all buying, selling, preparation and approval of forms, and every other function of the business whatsoever, subject only to audit by the state auditor: PROVIDED, That the director shall have no authority to regulate the content of spoken language on licensed premises where wine and other liquors are served and where there is not a clear and present danger of disorderly conduct being provoked by such language;
(8) Determine the localities within which state liquor stores shall be established throughout the state, and the number and situation of the stores within each locality;
(9) Appoint in cities and towns and other communities, in which no state liquor store is located, liquor vendors. Such liquor vendors shall be agents of the liquor control agency and be authorized to sell liquor to such persons, firms, or corporations as provided for the sale of liquor from a state liquor store, and such vendors shall be subject to such additional rules consistent with this title; and
(10) Determine the nature, form, and capacity of all packages to be used for containing liquor kept for sale under this title.
NEW SECTION. Sec. 881. A new section is added to chapter 66.08 RCW to read as follows:
The director shall prepare, update, and execute an integrated liquor plan that includes, but is not limited to, the following elements:
(1) A program to achieve efficiencies and ensure operational integration of regulatory, merchandising, and administrative services;
(2) A program of public and consumer information and coordination with other public agencies and private organizations that emphasizes alcohol abuse prevention and responsible consumption; and
(3) A strategy for implementation of the plan.
Sec. 882. RCW 66.08.060 and 1933 ex.s. c 62 s 43 are each amended to read as follows:
The ((board)) agency shall not advertise liquor in any form or through any medium whatsoever. The ((board)) agency shall have power to adopt any and all reasonable regulations as to the kind, character, and location of advertising of liquor.
Sec. 883. RCW 66.08.070 and 1985 c 226 s 2 are each amended to read as follows:
(1) Every order for the purchase of liquor shall be authorized by the ((board)) agency, and no order for liquor shall be valid or binding unless it is so authorized and signed by the ((board)) agency or its authorized designee.
(2) A duplicate of every such order shall be kept on file in the office of the ((board)) agency.
(3) All cancellations of such orders made by the ((board)) agency shall be signed in the same manner and duplicates thereof kept on file in the office of the ((board)) agency. Nothing in this title shall be construed as preventing the ((board)) agency from accepting liquor on consignment.
(4) In the purchase of wine or malt beverages the ((board)) agency shall not require, as a term or condition of purchase, any warranty or affirmation with respect to the relationship of the price charged the ((board)) agency to any price charged any other buyer.
Sec. 884. RCW 66.08.075 and 1937 c 217 s 5 (adding new section 42-A to 1933 ex.s. c 62) are each amended to read as follows:
No official or employee of the ((liquor control board of the state of Washington)) agency shall, during his or her term of office or employment, or for a period of two years immediately following the termination thereof, represent directly or indirectly any manufacturer or wholesaler of liquor in the sale of liquor to the ((board)) agency.
Sec. 885. RCW 66.08.090 and 1933 ex.s. c 62 s 31 are each amended to read as follows:
No employee shall sell liquor in any other place, nor at any other time, nor otherwise than as authorized by the ((board)) agency under this title and the regulations.
Sec. 886. RCW 66.08.100 and 1935 c 174 s 9 (adding new section 62-A to 1933 ex.s. c 62) are each amended to read as follows:
No court of the state of Washington other than the superior court of Thurston county shall have jurisdiction over any action or proceeding against the ((board)) agency or any member thereof for anything done or omitted to be done in or arising out of the performance of ((his or their)) the member's duties under this title. Neither the ((board)) agency nor any member or members thereof shall be personally liable in any action at law for damages sustained by any person because of any acts performed or done or omitted to be done by the ((board)) agency or any employee of the ((board)) agency in the performance of his or her duties and in the administration of this title.
Sec. 887. RCW 10.93.020 and 1988 c 36 s 5 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol is a general authority Washington law enforcement agency.
(2) "Limited authority Washington law enforcement agency" means any agency, political subdivision, or unit of local government of this state, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources, ((fisheries,)) fish and wildlife, and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor control ((board)) agency, and the state department of corrections.
(3) "General authority Washington peace officer" means any full-time, fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.
(4) "Limited authority Washington peace officer" means any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible. A limited authority Washington peace officer may be a specially commissioned Washington peace officer if otherwise qualified for such status under this chapter.
(5) "Specially commissioned Washington peace officer", for the purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of the state of Washington, who does not qualify under this chapter as a general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers, and specially commissioned full-time, fully compensated peace officers duly commissioned by the states of Oregon or Idaho or any such peace officer commissioned by a unit of local government of Oregon or Idaho. A reserve peace officer is an individual who is an officer of a Washington law enforcement agency who does not serve such agency on a full-time basis but who, when called by the agency into active service, is fully commissioned on the same basis as full-time peace officers to enforce the criminal laws of the state.
(6) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.
(7) "Agency with primary territorial jurisdiction" means a city or town police agency which has responsibility for police activity within its boundaries; or a county police or sheriff's department which has responsibility with regard to police activity in the unincorporated areas within the county boundaries; or a statutorily authorized port district police agency or four-year state college or university police agency which has responsibility for police activity within the statutorily authorized enforcement boundaries of the port district, state college, or university.
(8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer.
(9)"Primary function of an agency" means that function to which greater than fifty percent of the agency's resources are allocated.
(10) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes.
Sec. 888. RCW 19.02.050 and 1989 1st ex.s. c 9 s 317 are each amended to read as follows:
(1) The legislature hereby directs the full participation by the following agencies in the implementation of this chapter:
(a) Department of agriculture;
(b) Secretary of state;
(c) Department of social and health services;
(d) Department of revenue;
(e) Department of ((fisheries)) fish and wildlife;
(f) Department of employment security;
(g) Department of labor and industries;
(h) Department of community, trade, and economic development;
(i) Liquor control ((board)) agency;
(j) Department of health;
(k) Department of licensing;
(l) Utilities and transportation commission; and
(m) Other agencies as determined by the governor.
Sec. 889. RCW 43.17.010 and 1993 sp.s. c 2 s 16, 1993 c 472 s 17, and 1993 c 280 s 18 are each amended to read as follows:
There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of general administration, (9) the department of community, trade, and economic development, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, ((and)) (14) the department of health, ((and)) (15) the department of financial institutions, and (16) the liquor control agency, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.
Sec. 890. RCW 43.17.020 and 1993 sp.s. c 2 s 17, 1993 c 472 s 18, and 1993 c 280 s 19 are each amended to read as follows:
There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((and)) (14) the secretary of health, ((and)) (15) the director of financial institutions, and (16) the director of the liquor control agency.
Such officers, except the secretary of transportation, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.
Sec. 891. RCW 42.17.2401 and 1993 sp.s. c 2 s 18, 1993 c 492 s 488, and 1993 c 281 s 43 are each reenacted and amended to read as follows:
For the purposes of RCW 42.17.240, the term "executive state officer" includes:
(1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the liquor control agency, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, ((the director of trade and economic development,)) the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, ((liquor control board,)) lottery commission, marine oversight board, oil and gas conservation committee, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.
Sec. 892. RCW 43.82.010 and 1990 c 47 s 1 are each amended to read as follows:
(1) The director of the department of general administration, on behalf of the agency involved, shall purchase, lease, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate. This section does not transfer financial liability for the acquired property to the department of general administration.
(2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section.
(3) The director is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies. The director shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.
(4) If the director determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsections (1) or (3) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds: PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.
(5) In order to obtain maximum utilization of space, the director shall make space utilization studies, and shall establish standards for use of space by state agencies.
(6) The director may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his management.
(7) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director or the director's designee, and recorded with the county auditor of the county in which the property is located.
(8) The director may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable.
(9) This section does not apply to the acquisition of real estate by:
(a) The state college and universities for research or experimental purposes;
(b) The state liquor control ((board)) agency for liquor stores and warehouses; and
(c) The department of natural resources, the department of ((fisheries, the department of)) fish and wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.
(10) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.
NEW SECTION. Sec. 893. The following acts or parts of acts are each repealed:
(1) RCW 66.08.016 and 1961 c 1 s 30, 1947 c 113 s 2, & 1933 ex.s. c 62 s 65;
(2) RCW 66.08.050 and 1993 c 25 s 1, 1986 c 214 s 2, 1983 c 160 s 1, 1975 1st ex.s. c 173 s 1, 1969 ex.s. c 178 s 1, 1963 c 239 s 3, 1935 c 174 s 10, & 1933 ex.s. c 62 s 69; and
(3) RCW 66.08.150 and 1989 c 175 s 122, 1967 c 237 s 23, & 1933 ex.s. c 62 s 62.
NEW SECTION. Sec. 894.
Nothing in this act requires the liquor control agency to discard stationery or signs, rename its facilities or stores, or incur similar expenses attributable to the renaming of the agency.NEW SECTION. Sec. 895.
The code reviser shall prepare and present to the 1995 legislature a bill which corrects references to the liquor control board that are rendered inaccurate by this act."Renumber remaining sections.
On page 178, line 7, after "1994" insert: "PROVIDED, That sections 872 through 894 of this act shall take effect July 1, 1995"
MOTION
On motion of Senator Quigley, and there being no objection, the amendments on page 177, after line 36, and page 178, line 7, to Engrossed Substitute House Bill No. 2676 were withdrawn.
MOTIONS
On motion of Senator Quigley, the following amendment was adopted:
On page 177, after line 36, insert the following:
"NEW SECTION. Sec. 872.
The legislature declares there has been an excessive proliferation of boards and commissions within state government. These boards and commissions are often created without legislative review or input and without an assessment of whether there is a resulting duplication of purpose or process. Once created, they frequently duplicate the duties of existing governmental entities, create additional expense, and obscure responsibility. It has been difficult to control the growth of boards and commissions because of the many special interests involved. Accordingly, the legislature establishes the process in this chapter to eliminate redundant and obsolete boards and commissions and to restrict the establishment of new boards and commissions.NEW SECTION. Sec. 873. (1) The governor shall conduct a review of all of the boards and commissions identified under section 4 of this act and, by January 1, 1995, submit to the legislature a report recommending which boards and commissions should be terminated or consolidated based upon the criteria set forth in subsection (3) of this section. The report must state which of the criteria were relied upon with respect to each recommendation. The governor shall submit an executive request bill by January 10, 1995, to implement the recommendations by expressly terminating the appropriate boards and commissions and by providing for the transfer of duties and obligations under this section. The governor shall accept and review with special attention recommendations made, not later than June 1, 1994, by the standing committees of the legislature.
(2) In addition to terminations and consolidations under subsection (1) of this section, the governor may recommend the transfer of duties and obligations from a board or commission to another existing state entity.
(3) In preparing his or her report and legislation, the governor shall make an evaluation based upon answers to the questions set forth in this subsection. The governor shall give these criteria priority in the order listed.
(a) Has the mission of the board or commission been completed or ceased to be critical to effective state government?
(b) Does the work of the board or commission directly affect public safety, welfare, or health?
(c) Can the work of the board or commission be effectively done by another state agency without adverse impact on public safety, welfare, or health?
(d) Will termination of the board or commission have a significant adverse impact on state revenue because of loss of federal funds?
(e) Will termination of the board or commission save revenues, be cost neutral, or result in greater expenditures?
(f) Is the work of the board or commission being done by another board, commission, or state agency?
(g) Could the work of the board or commission be effectively done by a nonpublic entity?
(h) Will termination of the board or commission result in a significant loss of expertise to state government?
(i) Will termination of the board or commission result in operational efficiencies that are other than fiscal in nature?
(j) Could the work of the board or commission be done by an ad hoc committee?
NEW SECTION. Sec. 874. The legislature shall consider and enact or not enact the legislation requested by the governor under section 2 of this act in accordance with the rules of each house, except that either house of the legislature may not add to or delete from the list of boards and commissions as requested by the governor unless done so by a unanimous vote of the members voting. The legislature may adopt such technical amendments as are necessary by a majority vote.
NEW SECTION. Sec. 875. The boards and commissions to be reviewed by the governor must be all entities that are required to be included in the list prepared by the office of financial management under RCW 43.88.505, other than entities established under: (1) Constitutional mandate; (2) court order or rule; (3) requirement of federal law; or (4) requirement as a condition of the state or a local government receiving federal financial assistance if, in the judgment of the governor, no other state agency, board, or commission would satisfy the requirement.
NEW SECTION. Sec. 876. A new section is added to chapter 43.88 RCW to read as follows:
(1) A new board or commission not established or required in statute that must be included in the report required by RCW 43.88.505 may not be established between the effective date of this section and December 31, 1997, without the express approval of the director of financial management. The director shall, before the first Monday of January each year, submit to the legislature a list of those boards and commissions that were requested for approval and those that were approved during the preceding calendar year.
(2) Effective July 1, 1995, the total number of boards and commissions approved by the director of financial management may not exceed the difference between the number of boards and commissions terminated under section 873 of this act and any boards and commissions created by the legislature.
NEW SECTION. Sec. 877. A new section is added to chapter 43.88 RCW to read as follows:
When acting on a request to establish a new board or commission under section 876 of this act, the director of the office of financial management shall consider the following criteria giving priority in the order listed:
(1) If approval is critical to public safety, health, or welfare or to the effectiveness of state government;
(2) If approval will not result in duplication of the work or responsibilities of another governmental agency;
(3) If approval will not have a significant impact on state revenues;
(4) If approval is for a limited duration or on an ad hoc basis;
(5) If the work of the board or commission could be effectively done by a nonpublic entity;
(6) If approval will result in significant enhancement of expertise in state government; and
(7) If approval will result in operational efficiencies other than fiscal savings.
NEW SECTION. Sec. 878. The following acts or parts of acts are each repealed:
(1) Section 873 of this act;
(2) Section 874 of this act; and
(3) Section 875 of this act.
NEW SECTION. Sec. 879. The following acts or parts of acts are each repealed:
(1) Section 872 of this act;
(2) Section 876 of this act; and
(3) Section 877 of this act.
NEW SECTION. Sec. 880. (1) Sections 872 through 877 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
(2) Section 878 of this act shall take effect December 31, 1995.
(3) Section 879 of this act shall take effect January 1, 1997."
Renumber remaining sections consecutively.
On motion of Senator Quigley, the following amendment was adopted:
On page 177, after line 36, insert the following:
"NEW SECTION. Sec. 872. (1) There is created a legislative task force on liquor control administration. The task force shall be comprised of the following members:
(a) Two members from each caucus of the senate, appointed by the president of the senate; and
(b) Two members from each caucus of the house of representatives, appointed by the speaker of the house of representatives.
(2) The task force shall solicit the involvement of at least one representative of the following entities: the liquor control board; the office of financial management; state employee unions; liquor manufacturers; liquor wholesalers; and liquor retailers.
(3) The task force shall examine the current administrative structure of the liquor control board and consider alternative administrative structures, including the appointment of an executive director and the creation of a part-time board. The task force shall make recommendations regarding:
(a) Whether an executive director position should be created; and
(b) If so, the divisions of the following responsibilities between the board and the director: (i) management of liquor stores and agencies; (ii) rule-making; (iii) licensing; (iv) enforcement; and (v) marketing; and
(c) Whether a part-time board should be created.
(4) The task force shall complete its work and issue any recommendations by December 31, 1994. The task force shall expire December 31, 1994."
Renumber remaining sections
MOTIONS
On motion of Senator Haugen, the following amendment was adopted:
On page 107, line 31, after "the" strike "committee" and insert "((committee)) board"
Senator Loveland moved that the following amendments be considered simultaneously and be adopted:
On page 70, after line 19, strike all of sections 502 and 503 and insert the following:
"Sec. 502. RCW 4.24.240 and 1985 c 326 s 25 are each amended to read as follows:
(1)(a) A person licensed by this state to provide health care or related services, including, but not limited to, a ((certified)) licensed acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, ((podiatrist)) podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, including, in the event such person is deceased, his or her estate or personal representative;
(b) An employee or agent of a person described in subparagraph (a) of this subsection, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(c) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subparagraph (a) of this subsection, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, trustee, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative;
shall be immune from civil action for damages arising out of the good faith performance of their duties on such committees, where such actions are being brought by or on behalf of the person who is being evaluated.
(2) No member, employee, staff person, or investigator of a professional review committee shall be liable in a civil action as a result of acts or omissions made in good faith on behalf of the committee; nor shall any person be so liable for filing charges with or supplying information or testimony in good faith to any professional review committee; nor shall a member, employee, staff person, or investigator of a professional society, of a professional examining or licensing board, of a professional disciplinary board, of a governing board of any institution, or of any employer of professionals be so liable for good faith acts or omissions made in full or partial reliance on recommendations or decisions of a professional review committee or examining board.
Sec. 503. RCW 7.70.020 and 1985 c 326 s 27 are each amended to read as follows:
As used in this chapter "health care provider" means either:
(1) A person licensed by this state to provide health care or related services, including, but not limited to, a ((certified)) licensed acupuncturist, a physician, osteopathic physician, dentist, nurse, optometrist, ((podiatrist)) podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, midwife, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his or her estate or personal representative;
(2) An employee or agent of a person described in part (1) above, acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in part (1) above, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative.
Sec. 504. RCW 18.06.010 and 1992 c 110 s 1 are each amended to read as follows:
The following terms in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise:
(1) "Acupuncture" means a health care service based on ((a traditional)) an Oriental system of medical theory utilizing Oriental diagnosis and treatment to promote health and treat organic or functional disorders by treating specific acupuncture points or meridians. Acupuncture includes ((but is not necessarily limited to)) the following techniques:
(a) Use of acupuncture needles to stimulate acupuncture points and meridians;
(b) Use of electrical, mechanical, or magnetic devices to stimulate acupuncture points and meridians;
(c) Moxibustion;
(d) Acupressure;
(e) Cupping;
(f) Dermal friction technique;
(g) Infra-red;
(h) Sonopuncture;
(i) Laserpuncture;
(j) ((Dietary advice based on traditional Oriental medical theory; and
(k))) Point injection therapy (aquapuncture); and
(k) Dietary advice based on Oriental medical theory provided in conjunction with techniques under (a) through (j) of this subsection.
(2) "Acupuncturist" means a person ((certified)) licensed under this chapter.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health or the secretary's designee.
Sec. 505. RCW 18.06.020 and 1991 c 3 s 5 are each amended to read as follows:
(1) No one may hold themselves out to the public as an acupuncturist or ((certified)) licensed acupuncturist or any derivative thereof which is intended to or is likely to lead the public to believe such a person is an acupuncturist or ((certified)) licensed acupuncturist unless ((certified)) licensed as provided for in this chapter.
(2) A person may not practice acupuncture if the person is not licensed under this chapter.
(3) No one may use any configuration of letters after their name (including Ac.) which indicates a degree or formal training in acupuncture unless ((certified)) licensed as provided for in this chapter.
(((3))) (4) The secretary may by rule proscribe or regulate advertising and other forms of patient solicitation which are likely to mislead or deceive the public as to whether someone is ((certified)) licensed under this chapter.
Sec. 506. RCW 18.06.045 and 1992 c 110 s 2 are each amended to read as follows:
Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice (([by an individual] licensed, certified, or registered)) by an individual credentialed under the laws of this state and performing services within such individual's authorized scope of practice. Health professions authorized to perform acupuncture under other chapters of state law may follow recommended guidelines developed by the acupuncture advisory committee to assist in determining the level of training sufficient to allow for the provision of safe acupuncture services;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor;
(4) The practice of acupuncture by any person ((licensed or certified)) credentialed to perform acupuncture in any other jurisdiction where such person is doing so in the course of regular instruction of a school of acupuncture approved by the secretary or in an educational seminar by a professional organization of acupuncture, provided that in the latter case, the practice is supervised directly by a person ((certified pursuant to)) licensed under this chapter or licensed under any other healing art whose scope of practice includes acupuncture.
Sec. 507. RCW 18.06.080 and 1992 c 110 s 3 are each amended to read as follows:
(1) The secretary is hereby authorized and empowered to execute the provisions of this chapter and shall offer examinations in acupuncture at least twice a year at such times and places as the secretary may select. The examination shall be a written examination and may include a practical examination.
(2) The secretary shall develop or approve a ((certification)) licensure examination in the subjects that the secretary determines are within the scope of and commensurate with the work performed by ((certified)) licensed acupuncturists and shall include but not necessarily be limited to anatomy, physiology, microbiology, biochemistry, pathology, hygiene, and acupuncture. All application papers shall be deposited with the secretary and there retained for at least one year, when they may be destroyed.
(3) If the examination is successfully passed, the secretary shall confer on such candidate the title of ((Certified)) Licensed Acupuncturist.
Sec. 508. RCW 18.06.090 and 1985 c 326 s 9 are each amended to read as follows:
Before ((certification)) licensure, each applicant shall demonstrate sufficient fluency in reading, speaking, and understanding the English language to enable the applicant to communicate with other health care providers and patients concerning health care problems and treatment.
Sec. 509. RCW 18.06.110 and 1991 c 3 s 11 are each amended to read as follows:
The uniform disciplinary act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of ((certificates)) licenses, and the disciplining of ((certificate)) license holders under this chapter. The secretary shall be the disciplining authority under this chapter.
Sec. 510. RCW 18.06.120 and 1992 c 110 s 4 are each amended to read as follows:
(1) Every person ((certified)) licensed in acupuncture shall register with the secretary annually and pay an annual renewal ((registration)) fee determined by the secretary as provided in RCW 43.70.250 on or before the ((certificate)) license holder's birth anniversary date. The ((certificate)) license of the person shall be renewed for a period of one year or longer in the discretion of the secretary. A person whose practice is exclusively out-of-state or who is on sabbatical shall be granted an inactive ((certification)) licensure status and pay a reduced ((registration)) fee. The reduced fee shall be set by the secretary under RCW 43.70.250.
(2) Any failure to register and pay the annual renewal ((registration)) fee shall render the ((certificate)) license invalid. The ((certificate)) license shall be reinstated upon: (a) Written application to the secretary; (b) payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250; and (c) payment to the state of all delinquent annual ((certificate)) license renewal fees.
(3) Any person who fails to renew his or her ((certification)) license for a period of three years shall not be entitled to renew ((such certification)) the licensure under this section. Such person, in order to obtain a ((certification)) licensure in acupuncture in this state, shall file a new application under this chapter, along with the required fee, and shall meet examination or continuing education requirements as the secretary, by rule, provides.
(4) All fees collected under this section and RCW 18.06.070 shall be credited to the health professions account as required under RCW 43.70.320.
Sec. 511. RCW 18.06.130 and 1991 c 3 s 13 are each amended to read as follows:
The secretary shall develop a form to be used by an acupuncturist to inform the patient of the acupuncturist's scope of practice and qualifications. All ((certificate)) license holders shall bring the form to the attention of the patients in whatever manner the secretary, by rule, provides.
Sec. 512. RCW 18.06.140 and 1991 c 3 s 14 are each amended to read as follows:
Every ((certified)) licensed acupuncturist shall develop a written plan for consultation, emergency transfer, and referral to other health care practitioners operating within the scope of their authorized practices. The written plan shall be submitted with the initial application for ((certification)) licensure as well as annually thereafter with the ((certificate)) license renewal fee to the department. The department may withhold ((certification)) licensure or renewal of ((certification)) licensure if the plan fails to meet the standards contained in rules ((promulgated)) adopted by the secretary.
When the acupuncturist sees patients with potentially serious disorders such as cardiac conditions, acute abdominal symptoms, and such other conditions, the acupuncturist shall immediately request a consultation or recent written diagnosis from a physician licensed under chapter 18.71 or 18.57 RCW. In the event that the patient with the disorder refuses to authorize such consultation or provide a recent diagnosis from such physician, acupuncture treatment shall not be continued.
Sec. 513. RCW 18.06.170 and 1991 c 3 s 16 are each amended to read as follows:
(1) The acupuncture advisory committee is created. The committee shall be composed of one physician licensed under chapter 18.71 or 18.57 RCW, three acupuncturists ((certified)) licensed under this chapter, and ((one)) two public members, who ((does)) do not have any financial interest in the rendering of health services.
(2) The secretary shall appoint members to staggered terms so as to provide continuity in membership. Members shall serve at the pleasure of the secretary but may not serve more than five years total. Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(3) Each member of the committee shall receive fifty dollars for each day the member attends an official meeting of the group or performs statutorily prescribed duties approved by the secretary.
(4) The committee shall meet only on the request of the secretary and consider only those matters referred to it by the secretary. The committee is authorized to develop recommended guidelines to assist health professions authorized to perform acupuncture under other practice laws in determining the level of training sufficient to allow for the provision of safe acupuncture services.
Sec. 514. RCW 18.06.190 and 1991 c 3 s 18 are each amended to read as follows:
The secretary may ((certify)) license a person without examination if such person is ((licensed or certified)) credentialed as an acupuncturist in another jurisdiction if, in the secretary's judgment, the requirements of that jurisdiction are equivalent to or greater than those of Washington state.
Sec. 515. RCW 18.06.200 and 1985 c 326 s 20 are each amended to read as follows:
Nothing in this chapter may be construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or coverage for services and supplies provided by a person ((registered or certified)) licensed under this chapter.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 81, line 29, after "Acupuncturists" strike "certified" and insert "((certified)) licensed"
On page 84, line 8, after "acupuncturist" strike "certified" and insert "((certified)) licensed"
On page 94, beginning on line 10, after "acupuncturists" strike "certified" and insert "((certified)) licensed"
POINT OF ORDER
Senator Talmadge: "Mr. President, I rise to a point of order. I believe the amendments expand the scope and object of Engrossed Substitute House Bill No. 2676. These are the very same amendments that were buried inside the Government Operations Committee amendment. The President has already ruled that the Committee of Government Operations amendment is outside the scope and object, because the amendment contained issues pertaining to scope of practice in a bill that was designed to consolidate and eliminate boards and commissions. These amendments are the very same thing that were found in the Government Operation's committee amendment. I believe they expand the scope and object of the bill that is before us, for the same reason."
Further debate ensued.
There being no objection, the President deferred further consideration of Engrossed Substitute House Bill No. 2676.
At 9:34 a.m., and there being no objection, the President declared the Senate to be at ease.
The Senate was called to order at 10:06 a.m. by President Pritchard.
There being no objection, the President advanced the Senate to the eighth order of business.
MOTION
On motion of Senator Wojahn, the following resolution was adopted:
SENATE RESOLUTION 1994-8690
By Senators Wojahn, Rasmussen, Franklin, Gaspard, Schow, Oke, Roach and Winsley
WHEREAS, The port of Tacoma has been awarded the President's "E Star" for excellence in exporting, which is the most prestigious of American export commendations; and
WHEREAS, In 1975, the United States Department of Commerce first recognized the port of Tacoma's ability to build a profitable export business, by honoring it with the "E" award; and
WHEREAS, the "E Star" award is given only to organizations that win the first award and continue to excel; and
WHEREAS, The port of Tacoma is the first port in the Pacific Northwest to ever earn the award; and
WHEREAS, Since first winning the "E" award, the port has grown to become the sixth-largest port in North America and is responsible for seventy thousand jobs state-wide; and
WHEREAS, The port's export trade has grown four hundred percent in eighteen years; and
WHEREAS, Export tonnage has grown from 2.2 million in 1975 to 8.2 million; and
WHEREAS, The port has developed new shipping terminals and expanded its land base and facilities for attracting export-oriented manufacturers and warehouse companies; and
WHEREAS, The port provides a model labor agreement which emphasizes shared responsibilities and full participation of its longshoring and other port employees; and
WHEREAS, The port of Tacoma is unique because of a close and interdependent relationship between companies, unions, government, and port commissioners; and
WHEREAS, The port of Tacoma is expanding Washington state's export markets and helping to diversify its economy; and
WHEREAS, The port of Tacoma provides a vital link between Tacoma and to the Pacific Rim and beyond;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honors the port of Tacoma for its work in benefiting the state and for creating an exemplary model for other ports and businesses; and
BE IT FURTHER RESOLVED, That the Washington State Senate also recognizes the port of Tacoma as a recipient of the coveted "E Star" award, as it is only the sixth port in the United States to win "E Star" flag.
Senators Wojahn, Rasmussen and Franklin spoke to Senate Resolution 1994-8690.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Port of Tacoma officials who were seated in the gallery.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 3, 1994
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6107, with the following amendment(s):
On page 2, line 17, after "under" strike "section 1" and insert "sections 1, 2, and 7", and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Skratek, the Senate refuses to concur in the House amendment to Second Substitute Senate Bill No. 6107 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Second Substitute Senate Bill No. 6107 and the House amendment thereto: Senators Skratek, Cantu and Prentice.
MOTION
On motion of Senator Spanel, the Conference Committee appointments were confirmed.
MOTION
On motion of Senator Spanel, the Senate advanced to the sixth order of business.
There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 2676 and the pending amendments by Senator Loveland on page 70, after line 19; page 81, line 29; page 84, line 8; and page 94, beginning on line 10; deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Talmadge, the President finds that Engrossed Substitute House Bill No. 2676 is a measure which makes changes in the duties and organizations of various government entities and abolishes certain entities.
"The amendments previously adopted by the Senate would, in addition, add a settlement process for disciplinary actions, change the duties and responsibilities of various entities involved in fire protection and prevention, authorize a property tax, create a special fund in the state treasury, direct the Governor to submit a bill on termination of boards and commissions, forbids the Legislature to amend such bill without a unanimous vote and creates a legislative task force.
"The amendments by Senator Loveland would change the statutory requirement for acupuncturists from certified to licensed and limit the definition of acupuncture.
"The President, therefore, finds that the proposed amendments do not change the scope and object of the bill and the point of order is not well taken."
The amendments by Senator Loveland on page 70, after line 19; page 81, line 29; page 84, line 8; and page 94, beginning on line 10; to Engrossed Substitute House Bill No. 2676 were ruled in order.
The President declared the question before the Senate to be the adoption of the amendments by Senator Loveland on page 70, after line 19; page 81, line 29; page 84, line 8; and page 94, beginning on line 10; to Engrossed Substitute House Bill No. 2676.
Debate ensued.
The motion by Senator Loveland failed and the amendments were not adopted on a rising vote.
MOTION
Senator Vognild moved that the following amendment be adopted:
On page 178, before line 1, insert the following:
"NEW SECTION. Sec. 872. The Washington traffic safety commission is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington state patrol.
NEW SECTION. Sec. 873. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington traffic safety commission shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Washington traffic safety commission shall be made available to the Washington state patrol. All funds, credits, or other assets held by the Washington traffic safety commission shall be assigned to the Washington state patrol.
Any appropriations made to the Washington traffic safety commission shall, on the effective date of this section, be transferred and credited to the Washington state patrol.
Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 874. All employees of the Washington traffic safety commission are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
NEW SECTION. Sec. 875. All rules and all pending business before the Washington traffic safety commission shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.
NEW SECTION. Sec. 876. The transfer of the powers, duties, functions, and personnel of the Washington traffic safety commission shall not affect the validity of any act performed prior to the effective date of this section.
NEW SECTION. Sec. 877. If apportionments of budgeted funds are required because of the transfers directed by sections 873 through 876 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 878. Nothing contained in sections 872 through 877 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
NEW SECTION. Sec. 879. A new section is added to chapter 43.06 RCW to read as follows:
The governor shall be responsible for the administration of the traffic safety program of the state and shall be the official of the state having ultimate responsibility for dealing with the federal government with respect to all programs and activities of the state and local governments pursuant to the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731). The governor is authorized and empowered to accept and disburse federal grants or other funds or donations from any source for the purpose of improving traffic safety programs in the state of Washington, and is hereby empowered to contract and to do all other things necessary in behalf of this state to secure the full benefits available to this state under the federal Highway Safety Act of 1966 and in so doing, to cooperate with federal and state agencies, agencies private and public, interested organizations, and with individuals, to effectuate the purposes of that enactment, and any and all subsequent amendments thereto. The governor shall be assisted in these duties and responsibilities by the Washington state patrol.
NEW SECTION. Sec. 880. A new section is added to chapter 43.06 RCW to read as follows:
The governor shall be assisted in the duties and responsibilities under section 879 of this act by the advisory committee on traffic safety. The advisory committee on traffic safety shall be composed of the governor as chair, the superintendent of public instruction, the director of licensing, the secretary of transportation, the chief of the state patrol, the secretary of health, the secretary of social and health services, a representative of the association of Washington cities to be appointed by the governor, a member of the Washington state association of counties to be appointed by the governor, a representative of the judiciary to be appointed by the governor, and four public citizens representing traffic safety interests to be appointed by the governor. In addition, appointments to any vacancies among appointee members shall be as in the case of original appointment.
The governor or any advisory committee member except those appointed by the governor under this section may designate an employee of his or her office or agency to act on his or her behalf during the absence of the governor or member at one or more of the meetings of the committee. The vote of the designee shall have the same effect as if cast by the member if the designation is in writing and is presented to the person presiding at the meetings included within the designation.
The governor may designate a member to preside during the governor's absence.
The chief of the state patrol shall be responsible for convening the committee and shall serve as secretary.
NEW SECTION. Sec. 881. A new section is added to chapter 43.06 RCW to read as follows:
The advisory committee on traffic safety shall provide assistance and guidance in the development of the highway safety plan required pursuant to the Highway Safety Act of 1966; develop recommendations for the creation, revision, or enforcement of traffic safety laws; promote programs to improve traffic safety; and advise and assist the governor and the state patrol, as requested, in carrying out their duties and responsibilities pertaining to the state's traffic safety program. Staff support for the committee shall be provided by the state patrol. The committee shall meet at least one time per year.
NEW SECTION. Sec. 882. A new section is added to chapter 43.43 RCW to read as follows:
In addition to other responsibilities set forth in this chapter the state patrol shall:
(1) Assist the governor to carry out duties and responsibilities pertaining to the traffic safety program of the state and the Highway Safety Act of 1966 (P.L. 89-564; 80 Stat. 731) as provided in section 879 of this act;
(2) Advise and confer with the governing authority of any political subdivision of the state deemed eligible under the federal Highway Safety Act of 1966 for participation in the aims and programs and purposes of that act;
(3) Advise and confer with all agencies of state government whose programs and activities are within the scope of the Highway Safety Act including those agencies that are not subject to direct supervision, administration, and control by the governor under existing laws;
(4) Provide staff support to the advisory committee on traffic safety as provided under section 881 of this act;
(5) Succeed to and be vested with all powers, duties, and jurisdictions previously vested in the Washington traffic safety commission;
(6) Carry out such other responsibilities as may be consistent with section 883 of this act.
NEW SECTION. Sec. 883. A new section is added to chapter 43.43 RCW to read as follows:
The governor's traffic safety program as provided in section 879 of this act shall be located in the office of the chief. As the agency carrying out the governor's traffic safety program, the Washington state patrol shall have the following responsibilities: To find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local levels in the development of state-wide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed under the federal Highway Safety Act of 1966.
NEW SECTION. Sec. 884. A new section is added to chapter 43.43 RCW to read as follows:
The Washington state patrol shall submit a report each biennium outlining programs planned and steps taken toward improving traffic safety to the chair of the legislative transportation committee.
NEW SECTION. Sec. 885. A new section is added to chapter 43.43 RCW to read as follows:
The Washington state patrol shall produce and disseminate through all possible media, informational and educational materials explaining the extent of the problems caused by drinking drivers, the need for public involvement in their solution, and the penalties of existing and new laws against driving while under the influence of intoxicating liquor or any drug.
Sec. 886. RCW 28A.170.050 and 1987 c 518 s 209 are each amended to read as follows:
The superintendent of public instruction shall appoint a substance abuse advisory committee comprised of: Representatives of certificated and noncertificated staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and health services; the ((traffic safety commission)) Washington state patrol; and county coordinators of alcohol and drug treatment. The committee shall advise the superintendent on matters of local program development, coordination, and evaluation.
Sec. 887. RCW 43.03.028 and 1993 c 281 s 45 and 1993 c 101 s 14 are each reenacted and amended to read as follows:
(1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the Washington personnel resources board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state finance committee; the state library; ((the traffic safety commission;)) the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; the commission on Hispanic affairs; the commission on Asian-American affairs; the state board for volunteer fire fighters; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.
Sec. 888. RCW 43.43.390 and 1991 c 214 s 1 are each amended to read as follows:
Bicycling is increasing in popularity as a form of recreation and as an alternative mode of transportation. To make bicycling safer, the various law enforcement agencies should enforce traffic regulations for bicyclists. By enforcing bicycle regulations, law enforcement officers are reinforcing educational programs. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.
A bicycle awareness program is created within the Washington state patrol. In developing the curriculum for the bicycle awareness program the patrol shall consult with ((the traffic safety commission and with)) bicycling groups providing bicycle safety education. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades kindergarten through six. The patrol shall ensure that each safety educator presenting the bicycle awareness program has received specialized training in bicycle safety education and has been trained in effective defensive bicycle riding skills.
Sec. 889. RCW 43.70.410 and 1990 c 270 s 3 are each amended to read as follows:
As used in RCW 43.70.400 through 43.70.440, the term "head injury" means traumatic brain injury.
A head injury prevention program is created in the department of health. The program's functions may be integrated with those of similar programs to promote comprehensive, integrated, and effective health promotion and disease prevention.
In consultation with the ((traffic safety commission)) Washington state patrol, the department shall, directly or by contract, identify and coordinate public education efforts currently underway within state government and among private groups to prevent traumatic brain injury, including, but not limited to, bicycle safety, pedestrian safety, bicycle passenger seat safety, motorcycle safety, motor vehicle safety, and sports safety. If the department finds that programs are not available or not in use, it may, within funds appropriated for the purpose, provide grants to promote public education efforts. Grants may be awarded only after recipients have demonstrated coordination with relevant and knowledgeable groups within their communities, including at least schools, brain injury support organizations, hospitals, physicians, traffic safety specialists, police, and the public. The department may accept grants, gifts, and donations from public or private sources to use to carry out the head injury prevention program.
The department may assess or contract for the assessment of the effectiveness of public education efforts coordinated or initiated by any agency of state government. Agencies are directed to cooperate with assessment efforts by providing access to data and program records as reasonably required. The department may seek and receive additional funds from the federal government or private sources for assessments. Assessments shall contain findings and recommendations that will improve the effectiveness of public education efforts. These findings shall be distributed among public and private groups concerned with traumatic brain injury prevention.
Sec. 890. RCW 43.70.420 and 1990 c 270 s 4 are each amended to read as follows:
The department of health, the department of licensing, and the ((traffic safety commission)) Washington state patrol shall jointly prepare information for driver license manuals, driver education programs, and driving tests to increase driver awareness of pedestrian safety, to increase driver skills in avoiding pedestrian and motor vehicle accidents, and to determine drivers' abilities to avoid pedestrian motor vehicle accidents.
Sec. 891. RCW 44.40.070 and 1988 c 167 s 10 are each amended to read as follows:
Prior to October 1st of each even-numbered year all state agencies whose major programs consist of transportation activities, including the department of transportation, the utilities and transportation commission, the transportation improvement board, the Washington state patrol, the department of licensing, ((the traffic safety commission,)) the county road administration board, and the board of pilotage commissioners, shall adopt or revise, after consultation with the legislative transportation committee, a comprehensive six-year program and financial plan for all transportation activities under each agency's jurisdiction.
The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.
Sec. 892. RCW 46.01.030 and 1990 c 250 s 14 are each amended to read as follows:
The department shall be responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:
(1) driver examining and licensing;
(2) driver improvement;
(3) driver records;
(4) financial responsibility;
(5) certificates of ownership;
(6) certificates of license registration and license plates;
(7) proration and reciprocity;
(8) liquid fuel tax collections;
(9) licensing of dealers, motor vehicle transporters, motor vehicle wreckers, for hire vehicles, and drivers' schools;
(10) general highway safety promotion in cooperation with the Washington state patrol ((and traffic safety commission));
(11) such other activities as the legislature may provide.
Sec. 893. RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:
(1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident. The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.
(2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, ((the director of the Washington traffic safety commission)), and for such police officers or other cognizant public officials as may be designated by law. Such case records shall not be offered as evidence in any court except in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.
(3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.
Sec. 894. RCW 46.82.300 and 1984 c 287 s 93 are each amended to read as follows:
(1) The director shall be assisted in the duties and responsibilities of this chapter by the driver instructors' advisory committee, consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who shall not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative from the Washington state ((traffic safety commission)) patrol. Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.
(2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.
(3) Duties of the advisory committee shall be to:
(a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;
(b) Review violations of this chapter and to recommend to the director appropriate enforcement or disciplinary action as provided in this chapter;
(c) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver education; and
(d) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards.
Sec. 895. RCW 46.90.010 and 1993 c 400 s 2 are each amended to read as follows:
In consultation with the chief of the Washington state patrol ((and the traffic safety commission)), the director shall adopt in accordance with chapter 34.05 RCW a model traffic ordinance for use by any city, town, or county. The addition of any new section to, or amendment or repeal of any section in, the model traffic ordinance is deemed to amend any city, town, or county, ordinance which has adopted by reference the model traffic ordinance or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and 36.32.120(7).
Sec. 896. RCW 47.01.250 and 1990 c 266 s 5 are each amended to read as follows:
The chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing are designated as official consultants to the transportation commission so that the goals and activities of their respective agencies which relate to transportation are fully coordinated with other related responsibilities of the department of transportation. In this capacity, the chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing shall consult with the transportation commission and the secretary of transportation on the implications and impacts on the transportation related functions and duties of their respective agencies of any proposed comprehensive transportation plan, program, or policy.
In order to develop fully integrated, balanced, and coordinated transportation plans, programs, and budgets the chief of the Washington state patrol, ((the director of the traffic safety commission,)) the executive director of the county road administration board, and the director of licensing shall consult with the secretary of transportation on the matter of relative priorities during the development of their respective agencies' plans, programs, and budgets as they pertain to transportation activities. The secretary of transportation shall provide written comments to the governor and the legislature on the extent to which the state patrol's, ((the traffic safety commission's,)) the county road administration board's, and the department of licensing's final plans, programs, and budgets are compatible with the priorities established in the department of transportation's final plans, programs, and budgets.
NEW SECTION. Sec. 897. The following acts or parts of acts are each repealed:
(1) RCW 43.59.010 and 1967 ex.s. c 147 s 1;
(2) RCW 43.59.020 and 1967 ex.s. c 147 s 2;
(3) RCW 43.59.030 and 1991 c 3 s 298, 1982 c 30 s 1, 1979 c 158 s 105, 1971 ex.s. c 85 s 7, 1969 ex.s. c 105 s 1, & 1967 ex.s. c 147 s 3;
(4) RCW 43.59.040 and 1983 1st ex.s. c 14 s 1 & 1967 ex.s. c 147 s 4;
(5) RCW 43.59.050 and 1975-'76 2nd ex.s. c 34 s 120 & 1967 ex.s. c 147 s 6;
(6) RCW 43.59.060 and 1967 ex.s. c 147 s 7;
(7) RCW 43.59.070 and 1967 ex.s. c 147 s 8;
(8) RCW 43.59.080 and 1967 ex.s. c 147 s 9;
(9) RCW 43.59.130 and 1987 c 505 s 31, 1971 ex.s. c 195 s 5, & 1967 ex.s. c 147 s 14; and
(10) RCW 43.59.140 and 1991 c 290 s 4 & 1983 c 165 s 42.
NEW SECTION. Sec. 898. This act shall take effect July 1, 1994."
Renumber the remaining sections consecutively.
POINT OF ORDER
Senator Nelson: "Mr. President, I rise to a point of order. I would rise to a point of order on the scope and object of this amendment. If the President would clearly look at this particular amendment, it is, in fact, the content of Senate Bill No. 6523 and Senate Bill No. 6523 is referenced in the transportation budget, not in Engrossed Substitute House Bill No. 2676. But, more to the content of the amendment, if you will look at this amendment, Mr. President, you will notice that it does establish new--a brand new--advisory committee on traffic safety. It is not restructuring; it is not eliminating; it is establishing a new one and that is in Section 879. It also adds a new set of activity beyond the Traffic Safety Commission's activity that will be obligated to the State Patrol and that is in Sections 881, 883 and 884. I think we have gone far beyond the scope and object of this bill by adding this particular amendment."
Further debate ensued.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Nelson, the President finds that Engrossed Substitute House Bill No. 2676 is a measure which makes changes in the duties and organizations of various government entities and abolishes certain entities.
"The Chair believes because the bill, as it has been amended, has become so broad that the remarks by Senator Vognild are proper and it does not change the scope and object of the bill."
The amendment by Senator Vognild on page 178, before line 1, to Engrossed Substitute House Bill No. 2676 was ruled in order.
The President declared the question before the Senate to be the adoption of the amendment by Senator Vognild on page 178, before line 1, to Engrossed Substitute House Bill No. 2676.
The motion by Senator Vognild carried and the amendment was adopted on a rising vote.
MOTIONS
On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted:
On page 2, line 2 of the title, after "74.42.380," insert "43.63A.300, 43.63A.310, 43.63A.320, 43.63A.340, 43.63A.377, 48.48.060, 48.48.065, 48.48.080, 52.12.031, 84.52.043,"
On page 2, line 17 of the title, after "18 RCW;" insert "adding a new section to chapter 43.10 RCW; adding new sections to chapter 84.52 RCW;"
On page 2, line 37 of the title, after "18.138.080," insert "48.48.120,"
On page 2, at the beginning of line 15 of the title, after "RCW;" insert "adding a new section to chapter 18.130 RCW;"
On page 3, line 6 of the title, after "88.44.901," strike "and 88.46.110" and insert ", 88.46.110, 43.59.010, 43.59.020, 43.59.030, 43.59.040, 43.59.050, 43.59.060, 43.59.070, 43.59.080, 43.59.130, and 43.59.140"
On page 3, beginning on line 7 of the title, strike "and providing an effective date" and insert "providing an effective date; and providing for submission of certain sections of this act to a vote of the people"
On page 3, line 8 of the title, after "date" insert: "adding new sections to chapter 43.88 RCW; and declaring an emergency".
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2676, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2676, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2676, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senators Anderson, Prince, Schow and Sellar - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 5, 1994
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2326 and asks the Senate to recede therefrom, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Vognild, the Senate refuses to recede from it amendment(s) to Engrossed Substitute House Bill No 2326.
MOTIONS
On motion of Senator Vognild, the rules were suspended and Engrossed Substitute House Bill No. 2326 was returned to second reading and read the second time.
On motion of Senator Vognild, the following amendments were considered simultaneously and were adopted:
On page 2, line 29, after "From" strike "May" and insert "July"
On page 2, line 31, after "equal to" strike "four and sixty-five one hundredths" and insert "five and thirty-four one-hundredths"
On page 2, line 32, after "percent" insert "of the amount available prior to distributions provided under (a) through (k) of this subsection,"
MOTION
On motion of Senator Vognild, the rules were suspended, Engrossed Substitute House Bill No. 2326, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Oke, Senator Bluechel was excused.
On motion of Senator Drew, Senator Moore was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2326, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2326, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 2; Excused, 2.
Voting yea: Senators Amondson, Bauer, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 38.
Voting nay: Senators Anderson, Cantu, Erwin, Nelson, Prince, Roach and Smith, L. - 7.
Absent: Senators Moyer and Rinehart - 2.
Excused: Senators Bluechel and Moore - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2326, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 10:39 a.m., on motion of Senator Spanel, the Senate recessed until 2:00 p.m.
The Senate was called to order at 2:07 p.m. by President Pritchard.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 5061. The Speaker has appointed the following members as conferees: Representatives Appelwick, Johanson and Ballasiotes.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Gaspard, the Senate advanced to the ninth order of business.
MOTION
On motion of Senator Gaspard, Substitute Senate Bill No. 6421, which was on the concurrence calendar, was returned to the Committee on Rules.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 6074 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Dorn, Cothern and Brough.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Snyder, the Senate grants the request of the House for a conference on Senate Bill No. 6074 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Senate Bill No. 6074 and the House amendment(s) thereto: Senators Pelz, Moyer and McAuliffe.
MOTION
On motion of Senator Snyder, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 6438 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Dorn, Jones and Brough.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Snyder, the Senate grants the request of the House for a conference on Senate Bill No. 6438 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Senate Bill No. 6438 and the House amendment(s) thereto: Senators Bauer, Prince and Drew.
MOTION
On motion of Senator Snyder, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Appelwick, Morris and Padden.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Snyder, the Senate grants the request of the House for a conference on Engrossed Second Substitute House Bill No. 2319 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Second Substitute House Bill No. 2319 and the Senate amendment(s) thereto: Senators Talmadge, Roach and Adam Smith.
MOTION
On motion of Senator Snyder, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 2643 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Sommers, Valle and Silver.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Sheldon, the Senate grants the request of the House for a conference on Engrossed House Bill No. 2643 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed House Bill No. 2643 and the Senate amendment(s) thereto: Senators Spanel, McDonald and Bauer.
MOTION
On motion of Senator Sheldon, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2850 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Dorn, Patterson and Stevens.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Snyder, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 2850 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 2850 and the Senate amendment(s) thereto: Senators Pelz, Moyer and McAuliffe.
MOTION
On motion of Senator Snyder, the Conference Committee appointments were confirmed.
STATEMENT FOR THE JOURNAL
Due to work on the anti-violence bill, I missed the votes on Second Substitute Senate Bill No. 5372, as amended by the House; Engrossed Substitute Senate Bill No. 6071, as amended by the House; and Engrossed Substitute Senate Bill No. 6084, as amended by the House.
I would have voted 'yes' on all the measures.
SENATOR PHIL TALMADGE, 34th District
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SECOND SUBSTITUTE SENATE BILL NO. 5372 and asks the Senate to concur therein, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Haugen, the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5372.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5372, as amended by the House.
MOTION
On motion of Senator Drew, Senators Bauer, Loveland, Rinehart, Skratek, Talmadge and Vognild were excused.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5372, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 2; Excused, 6.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Ludwig, McAuliffe, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, West, Williams and Wojahn - 41.
Absent: Senators Roach and Winsley - 2.
Excused: Senators Bauer, Loveland, Rinehart, Skratek, Talmadge and Vognild - 6.
SECOND SUBSTITUTE SENATE BILL NO. 5372, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 2:31 p.m., on motion of Senator Gaspard, the Senate was declared to be at ease.
The Senate was called to order at 4:34 p.m. by President Pritchard
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5468. The Speaker has appointed the following members as conferees: Representatives Wineberry, Conway and Schoesler.
MARILYN SHOWALTER, Chief Clerk
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to HOUSE BILL NO. 2478 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Holm, Brown and Foreman.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Drew, the Senate refuses to grant the request of the House for a conference on House Bill No. 2478, insists on its position regarding the Senate amendment(s) and asks the House to concur therein.
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8426 by Senators Sutherland and Cantu
Providing electronic access to public legislative information.
HOLD.
SCR 8427 by Senators Skratek, Cantu, Williams, Bluechel, M. Rasmussen and Erwin
Attempting to attract technology-based businesses to Washington State.
HOLD.
MOTION
On motion of Senator Spanel, the rules were suspended and Senate Concurrent Resolution No. 8426 and Senate Concurrent Resolution No. 8427 were advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Spanel, the Senate advanced to the sixth order of business.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8426, by Senators Sutherland and Cantu
Providing electronic access to public legislative information.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Concurrent Resolution No. 8426 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8426.
SENATE CONCURRENT RESOLUTION NO. 8426 was adopted by voice vote.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8427, by Senators Skratek, Cantu, Williams, Bluechel, M. Rasmussen and Erwin
Attempting to attract technology-based businesses to Washington State.
The concurrent resolution was read the second time.
MOTION
Senator Skratek moved that the rules be suspended and Senate Concurrent Resolution No. 8427 be advanced to third reading, the second reading considered the third and the concurrent resolution be placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Bauer: "I'm asking Senator Skratek to yield to a question and it relates to SERTI. On line 14 on the second page, it says, 'The performance and cost-effectiveness of existing state technology programs including, but not limited to, the Washington Technology Center; whether the current organizational structure of the Washington Technology Center and other state technology programs result in these programs meeting the needs and expectations of businesses in this state--' Senator Skratek, does that include SERTI?"
Senator Skratek: "Senator Bauer, what this resolution is intended to do is to ask the department to work on a strategy which is part of their sectorial approach already. The language you are referring to would mean any programs that are funded through the state, and that would include the Washington Technology Center and if SERTI is receiving state funding to develop state technology programs, then it would be something for the agency to consider as it develops it's strategy."
Further debate ensued.
The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8427.
SENATE CONCURRENT RESOLUTION NO. 8427 was not adopted by voice vote.
MOTION
At 4:50 p.m., on motion of Senator Spanel, the Senate recessed until 6:00 p.m.
The Senate was called to order at 6:39 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGES FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2626 and passed the bill as amended by the Senate.
MARILYN SHOWALTER, Chief Clerk
March 8, 1994
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688 and passed the bill as amended by the Senate.
MARILYN SHOWALTER, Chief Clerk
March 8, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 6230. The Speaker has appointed the following members as conferees: Representatives Appelwick, Johanson and Long.
MARILYN SHOWALTER, Chief Clerk
March 8, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 6278. The Speaker has appointed the following members as conferees: Representatives Holm, G. Fisher and Talcott.
MARILYN SHOWALTER, Chief Clerk
March 8, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SENATE BILL NO. 6606. The Speaker has appointed the following members as conferees: Representatives G. Fisher, Peery and Foreman.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 6047 and asks the Senate to concur therein, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Spanel, the Senate refuses to concur in the House amendment(s) to Substitute Senate Bill No. 6047 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute Senate Bill No. 6047 and the House amendment(s) thereto: Senators Adam Smith, Nelson and Quigley.
MOTION
On motion of Senator Spanel, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1159 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives H. Myers, Springer and Edmondson.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Spanel, the Senate grants the request of the House for a conference on Substitute House Bill No. 1159 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 1159 and the Senate amendment(s) thereto: Senators Haugen, Winsley and Drew.
MOTION
On motion of Senator Spanel, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1652 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Johanson, Romero and Fuhrman.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Spanel, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 1652 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 1652 and the Senate amendment(s) thereto: Senators Adam Smith, Nelson and Moore.
MOTION
On motion of Senator Spanel, the Conference Committee appointments were confirmed.
STATEMENT FOR THE JOURNAL
Due to work on the anti-violence bill, I missed the vote on Engrossed Substitute Senate Bill No. 6071, as amended by the House.
I would have voted 'yes' on the measure.
SENATOR ADAM SMITH, 33rd District
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6071 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Holm, Cothern and Van Luven.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Snyder, the Senate refuses to grant the request of the House for a conference and concurs in the House amendment(s) to Engrossed Substitute Senate Bill No. 6071.
MOTIONS
On motion of Senator Drew, Senator Adam Smith was excused.
On motion of Senator Oke, Senator Roach was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6071, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6071, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 10; Absent, 2; Excused, 4.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Ludwig, McAuliffe, McCaslin, Moyer, Newhouse, Niemi, Owen, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 33.
Voting nay: Senators Cantu, Erwin, Haugen, Loveland, McDonald, Morton, Nelson, Oke, Schow and Smith, L. - 10.
Absent: Senators Moore and Pelz - 2.
Excused: Senators Rinehart, Roach, Smith, A. and Talmadge - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6071, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
February 26, 1994
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6084 with the following amendment(s:)
Strike everything after the enacting clause and insert the following:
"Sec. 1. 1993 sp.s. c 23 s 1 (uncodified) is amended to read as follows:
The supplemental transportation budget of the state is hereby adopted and, subject to the provisions hereinafter set forth, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for salaries, wages, and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 1995.
Sec. 2. 1993 sp.s. c 23 s 2 (uncodified) is amended to read as follows:
FOR THE TRAFFIC SAFETY COMMISSION
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 212,000
Highway Safety Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,545,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((600,000))
288,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((3,357,000))
3,045,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation from the ((public safety and education account)) transportation fund shall be used solely to fund community DWI task forces. Funding from the ((public safety and education account)) transportation fund for any community DWI task force may not exceed fifty percent of total expenditures in support of that task force.
(2) It is the intent of the legislature that the responsibilities of and appropriation to the Washington traffic safety commission be transferred to the Washington state patrol as of July 1, 1994. The appropriations in this section represent funding necessary to operate the agency for fiscal year 1994 only.
Sec. 3. 1993 sp.s. c 23 s 4 (uncodified) is amended to read as follows:
Motor Vehicle Fund--County Arterial Preservation
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((24,247,000))
24,242,000
Motor Vehicle Fund--Rural Arterial Trust
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((61,838,000))
61,828,000
Motor Vehicle Fund--Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 508,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((1,331,000))
1,324,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ ((87,924,000))
87,902,000
Sec. 4. 1993 sp.s. c 23 s 5 (uncodified) is amended to read as follows:
Motor Vehicle Fund--Transportation Improvement
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((184,000,000))
179,000,000
Motor Vehicle Fund--Urban Arterial Trust
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((26,322,000))
31,312,000
Motor Vehicle Fund--City Hardship Assistance
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,500,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ ((211,822,000))
211,812,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The transportation improvement board shall present to the legislative transportation committee by December 15, 1993, proposed legislation and an action plan to address the recommendations identified in the 1992 evaluation of the transportation improvement board by the subcommittee on transportation boards and commissions of the legislative transportation committee.
(2) The transportation improvement board shall on a quarterly basis present to the legislative transportation committee and the office of financial management an analysis of project cost changes as they apply to overall project costs, for projects funded from the transportation improvement account and the urban arterial trust account. The initial report, due October 31, 1993, shall compare cost estimates at the time of project approval to present estimate or final cost for all urban arterial trust account projects selected from 1989 forward and for all transportation improvement account projects. The board shall provide an update to the report each quarter thereafter citing the amount and reason for additional changes in actual or estimated costs for any project.
(3) $50,000,000 of the transportation improvement account--state appropriation in this section is conditioned on the enactment of ((Senate Bill No. 5969)) RCW 47.26.500 through 47.26.507, authorizing bond sales for projects funded from the transportation improvement account.
(4) The motor vehicle fund--urban arterial trust account--state appropriation includes a loan of up to $5,000,000 from the motor vehicle fund--transportation improvement account, which shall be repaid by July 1, 1996.
Sec. 5. 1993 sp.s. c 23 s 6 (uncodified) is amended to read as follows:
FOR THE STATE PATROL--FIELD OPERATIONS BUREAU
Motor Vehicle Fund--State Patrol Highway Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . $ ((143,616,000))
141,603,000
Motor Vehicle Fund--State Patrol Highway Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . $ 3,218,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 788,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ ((147,622,000))
145,609,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Any user of Washington state patrol aircraft shall reimburse the Washington state patrol for its pro rata share of all operating and maintenance costs including capitalization.
(2) Any funds expended for the acquisition of new alcohol breath test equipment shall not exceed actual revenues collected under RCW 46.61.515(5).
(3) If the federal government reimburses the state patrol for its Asian-Pacific Economic Cooperation (APEC) Conference security costs, an amount equal to the general fund--state appropriation for this purpose shall be deposited in the general fund and the remainder deposited in the state patrol highway account.
(4) Only commissioned officers and commercial vehicle enforcement officers involved directly and primarily in traffic enforcement activities will be assigned vehicles by the Washington state patrol.
Sec. 6. 1993 sp.s. c 23 s 7 (uncodified) is amended to read as follows:
FOR THE STATE PATROL--INVESTIGATIVE SERVICES BUREAU
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((1,371,000))
1,494,000
Motor Vehicle Fund--State Patrol Highway
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((4,444,000))
3,695,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ ((5,815,000))
5,189,000
The appropriations in this section are subject to the following conditions and limitations: $356,000 of the motor vehicle fund--state patrol highway account--state appropriation and transportation fund--state appropriation contained in this section is for a central computerized enforcement service system, commonly called "ACCESS". The expenditures shall not exceed the actual revenues collected from the users of the system.
Sec. 7. 1993 sp.s. c 23 s 8 (uncodified) is amended to read as follows:
Motor Vehicle Fund--State Patrol Highway Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . $ ((57,474,000))
55,923,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((3,391,000))
3,691,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,099,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 216,000
Highway Safety Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 2,596,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ ((61,964,000))
63,525,000
The appropriations in this section are subject to the conditions and limitations:
(1) Of the total appropriation provided for in this section $216,000 of the highway safety fund--state appropriation, $2,596,000 of the highway safety fund--federal appropriation, and $300,000 of the transportation fund--state appropriation is provided solely for carrying out the responsibilities transferred from the Washington traffic safety commission to the Washington state patrol as provided for in Senate Bill No. 6523 (traffic safety commission). If the bill is not enacted by June 30, 1994, the amounts contained in this subsection shall lapse.
(2) The state patrol may use up to $100,000 of the state patrol highway account appropriation to conduct a study of current management programs and levels of staffing for management positions within the Washington state patrol. This study is to include, but not be limited to management program requirements and relative growth of the number of positions at each management level by program. A detailed study plan is to be presented to the legislative transportation committee by May 1, 1994. Study findings and recommendations for modifications to the management structure are to be presented to the legislative transportation committee by September 30, 1994.
(3) It is the intent of the legislature that: (a) There be no cadet classes during the 1993-95 biennium; and (b) the chief of the Washington state patrol shall maintain the current field force level of seven hundred troopers and sergeants through management reductions.
Sec. 8. 1993 sp.s. c 23 s 9 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--MANAGEMENT OPERATIONS
General Fund--Wildlife Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . $ ((46,000))
66,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((414,000))
771,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((5,523,000))
4,673,000
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((96,000))
76,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((4,379,000))
3,996,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ ((10,458,000))
9,582,000
The legislative transportation committee has adopted recommendations and taken specific legislative action to improve the department of licensing service delivery, as well as other transportation agencies' services.
The legislature has recognized the need to improve the department of licensing service-delivery system, specifically driver and vehicle licensing services. The legislature has provided funding for three separate strategic initiatives to enhance the department of licensing and other transportation related services offered to the public. The legislature, in this and previous legislative sessions, has provided funding for: (a) The licensing application migration project (LAMP); (b) a capital budget program; and (c) the reclassification of licensing personnel. The legislature funded these three strategic initiatives to improve services to the public.
Recognizing the significant changes required throughout the department as a result of the licensing application migration project, the new capital budget program, and the reclassification of licensing personnel, the legislature finds there is a need to develop a comprehensive strategic plan to establish the foundation for future changes which will be required to maximize productivity improvements associated with the three strategic initiatives, and to maximize customer service-delivery improvements.
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) By May 1, 1994, the department shall provide the legislative transportation committee and the office of financial management with a workplan for the development of a strategic initiatives plan.
(b) By September 1, 1994, the department shall provide the legislative transportation committee and the office of financial management with a plan implementing the above mentioned strategic initiatives and that profiles how and when the department of licensing intends to implement the changes necessary to achieve the benefits associated with such strategic initiatives funded by the legislature.
(2) The strategic initiatives plan shall include at a minimum the following elements: (a) Implementation schedule; (b) analysis of alternatives; (c) employee education and communication strategies regarding plan implementation; (d) an analysis of costs, benefits, and full time equivalents; and (e) a recommendation for a preferred alternative.
(3) The department may use up to $50,000 of the motor vehicle fund--state appropriation, and $50,000 of the highway safety fund--state appropriation provided for in this section for the development of the workplan and a strategic initiatives plan.
Sec. 9. 1993 sp.s. c 23 s 10 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--INFORMATION SYSTEMS
General Fund--Wildlife Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . $ ((221,000))
127,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((247,000))
1,376,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((5,131,000))
10,625,000
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((50,000))
5,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((9,869,000))
17,011,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ ((15,518,000))
29,144,000
((Contained)) The appropriations in this ((appropriation is $10,000,000)) section are subject to the following conditions and limitations:
(1) $22,000,000 for the licensing application migration project (LAMP), of which $((6,000,000)) 13,200,000 is motor vehicle fund--state and $((4,000,000)) 8,800,000 highway safety fund--state.
(2) Of the $((10,000,000)) 22,000,000 appropriation $((500,000)) 1,100,000 is provided solely as a contingency amount. ((The appropriation for LAMP is conditioned upon))
(3) Compliance with ((section 49 of this act. If section 49 of this act is not enacted during the 1993 legislative session, then the $10,000,000 appropriation for the licensing application migration project (LAMP) shall lapse.)) section 49, chapter 23, Laws of 1993 sp. sess.
(4) The steering committee specified in the licensing application migration project (LAMP) feasibility study, dated July 7, 1992, shall meet no less than bi-monthly. In addition to the existing steering committee membership established in the feasibility study, the LAMP project director, the LAMP contractor's project manager, the LAMP quality assurance consultant, and a representative of the Washington state patrol shall be ex officio members of the LAMP steering committee.
(5) The LAMP quality assurance consultant shall provide the LAMP steering committee with bi-monthly reports on the status of the LAMP project. The bi-monthly reports shall be on alternate months from the bi-monthly reports provided by the department of information services. The reports required in this subsection shall also be delivered to the senate and house of representatives transportation committee chairs.
(6) The department of licensing, department of information services, and the Washington state patrol shall report to the LAMP steering committee and the legislative transportation committee by September 1, 1994, on the costs and benefits associated with the operations of the LAMP system at the Washington state patrol data center.
Sec. 10. 1993 sp.s. c 23 s 11 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--VEHICLE SERVICES
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((49,076,000))
44,860,000
General Fund--Marine Fuel Tax Refund Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,000
General Fund--Wildlife Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 520,000
Department of Licensing Services Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((676,000))
4,176,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((50,298,000))
49,582,000
Sec. 11. 1993 sp.s. c 23 s 12 (uncodified) is amended to read as follows:
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((4,396,000))
1,871,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((51,929,000))
54,765,000
Highway Safety Fund--Motorcycle Safety Education
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,300,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((57,625,000))
57,936,000
(($400,000 of the highway safety fund--motorcycle safety education account appropriation in this section is provided solely to enhance the motorcycle testing program. If Senate Bill No. 5101 is not enacted during the 1993 legislative session, the $400,000 appropriation is null and void.))
NEW SECTION. Sec. 12. A new section is added to 1993 sp.s. c 23 to read as follows:
Notwithstanding section 7(11)(a), chapter 14, Laws of 1991 sp. sess., the department of licensing shall not be assessed a space use charge for the highway-licenses building until there is a statutorily adopted space use charge or debt service plan by the legislature.
Sec. 13. 1993 sp.s. c 23 s 13 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((2,644,000))
2,591,000
Sec. 14. 1993 sp.s. c 23 s 16 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION COMMISSION
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((1,637,000))
1,604,000
The appropriation in this section is subject to the following conditions and limitations: The Washington state transportation commission shall make recommendations on the facility, operations, and funding components of implementing passenger-only service from Seattle/Vashon/Southworth and Seattle/Kingston. Such recommendations shall be submitted to the governor and the legislative transportation committee on or before September 30, 1993.
Sec. 15. 1993 sp.s. c 23 s 21 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--STATE HIGHWAY RESURFACING, RESTORATION, REHABILITATION, AND SAFETY--PROGRAM A
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((174,337,000))
182,023,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 98,040,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ 3,460,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((275,837,000))
283,523,000
The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects designated as category "A" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $650,000 of the motor vehicle fund--state appropriation is provided solely for an inventory of drainage facilities; analysis of water sources entering the Washington department of transportation facilities; testing for contaminants; analyzing the flow of discharged stormwater; and developing a prioritization system that will enable the department to evaluate proposed construction projects with regard to their effects on sensitive water bodies.
(2) Up to $1,326,000 of the motor vehicle fund--state appropriation is provided for fish passage barrier removal. The department of transportation shall cooperate with the department of fisheries to continue retrofit work now in progress, finalize the inventory, and begin additional projects as funds allow.
(3) Up to $1,200,000 of the motor vehicle fund--state appropriation is provided for the state match for the scenic highways program. In the event the full state match is not required, the remainder shall revert to the motor vehicle fund for future appropriation.
(4) Up to $33,400,000 of the motor vehicle fund--state appropriation is provided for a one-time expenditure for additional category A projects. It is the intent that the appropriations in this section do not commit the governor or the legislature to the transportation commission's proposed category A program update.
(5) The motor vehicle fund--state appropriation includes $9,500,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762. These funds shall be expended for emergency purposes only.
NEW SECTION. Sec. 16. 1993 sp.s. c 23 s 40 (uncodified) is repealed.
Sec. 17. 1993 sp.s. c 23 s 22 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--INTERSTATE HIGHWAY CONSTRUCTION--PROGRAM B
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((85,245,000))
80,245,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 446,000,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ 4,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((535,245,000))
530,245,000
The appropriations in this section are provided for the location, design, right of way, and construction of state highway projects on the interstate system designated as category "B" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:
(1) The motor vehicle fund--state appropriation includes a maximum of $50,800,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) Should cash flow demands exceed the motor vehicle fund--federal appropriation, the motor vehicle fund--state appropriation is increased proportionally to provide matching state funds from the sale of bonds authorized by RCW 47.10.801 and 47.10.790 not to exceed $10,000,000 and it is understood that the department shall seek authority to expend unanticipated receipts for the federal portion.
(3) It is further recognized that the department may make use of federal cash flow obligations on interstate construction contracts in order to complete the interstate highway system as expeditiously as possible.
(4) Up to $7,185,000 of the appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). State funds needed for the federal match requirements shall be from the bonds sales proceeds not to exceed $1,437,000 as authorized by ((Senate Bill No. 5371)) RCW 47.10.819 through 47.10.824. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(5) Up to $((30,000,000)) 25,000,000 of the motor vehicle fund--state appropriation in this section is provided to expedite high occupancy vehicle lane construction on the interstate system.
(6) Pending the receipt of federal funds appropriated in this section, up to $120,000,000 of bonds authorized by chapter 6, Laws of 1993, may be sold to fund interstate construction project expenditures in advance of the receipt of federal funds. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds.
Sec. 18. 1993 sp.s. c 23 s 23 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MAJOR NONINTERSTATE HIGHWAY CONSTRUCTION--PROGRAM C
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((77,540,000))
75,200,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 66,948,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ ((5,000,000))
16,000,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((64,724,000))
13,564,000
Special Category C--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((166,833,000))
147,833,000
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ 70,000,000
Puyallup Tribal Settlement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,024,000
Puyallup Tribal Settlement Account--
Private Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 6,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((431,069,000))
439,569,000
The appropriations in this section are provided for the location, design, right of way acquisition, and construction of state highway projects designated as category "C" under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations:
(1) The motor vehicle fund--state appropriation includes $32,800,000 in proceeds from the sale of bonds authorized by RCW 47.10.790 and 47.10.801. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The motor vehicle fund--state appropriation includes proceeds of up to $8,400,000 from the sale of bonds authorized by House Bill No. 2593 (highway improvement funding) or substantially similar legislation. If House Bill No. 2593 (highway improvement funding) or substantially similar legislation is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(3) Up to $44,000,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $11,000,000 or so much as may be required for the federal match requirements, which shall be from the bond sales proceeds as authorized by ((Senate Bill No. 5371)) RCW 47.10.819 through 47.10.824. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. No bond proceeds shall be used to pay for a federal demonstration study project.
(((3))) (4) The special category C fund--state appropriation of $((166,833,000)) 147,833,000 includes $((108,000,000)) 89,000,000 in proceeds from the sale of bonds authorized by ((Senate Bill No. 5343)) RCW 47.10.812 through 47.10.817 for the 1st Avenue South Bridge in Seattle, North-South Corridor/Division Street improvements in Spokane, and selected sections of State Route 18. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(((4) Up to $45,760,000 of the motor vehicle fund--state appropriation, $64,724,000 of the transportation fund--state appropriation, and $14,948,000 of the motor vehicle fund--federal appropriation provided for in this section are for regular category C projects. Of the appropriations specified in this subsection, up to ten percent may be expended for preliminary engineering and right of way. The remainder shall be expended for construction contracts, including $10,295,000 for HOV lane projects on noninterstate state highways. Quarterly, beginning July 1, 1993, the department shall provide to the legislative transportation committee a list of the construction contracts awarded under this subsection and the amount of each contract award.))
(5) Up to $143,712,000 of the motor vehicle fund--state, motor vehicle fund--federal, motor vehicle fund--local, transportation fund--state, and general fund--state appropriations contained in this section are cumulatively provided from all funds, solely for construction projects already under construction as assumed in section 23(4), chapter 23, Laws of 1993 sp. sess. To the extent that the department projects that the general fund--state appropriation in this section will not be fully expended for the purposes of this section, the department may expend the general fund--state moneys appropriated in this section for the projects authorized in: As a first priority, section 20 of this act; as a second priority, section 21 of this act; and as a third priority, section 22 of this act. The general fund--state expenditure under this section and sections 20, 21, and 22 of this act, cumulatively, shall not exceed $93,925,000.
(6) $21,000,000 of the motor vehicle fund--state appropriation is provided solely for additional HOV lane projects on noninterstate state highways. Quarterly, beginning July 1, 1993, the department shall provide to the legislative transportation committee a list of the construction contracts awarded under this subsection and the amount of each contract award.
(((6))) (7) Up to $2,000,000 of the motor vehicle fund--state appropriation and $1,000,000 of the motor vehicle fund--local appropriation contained in this section is provided solely for the construction of rest areas provided local and/or private contributions of at least forty percent of total project costs are made. Local and/or private contributions may be in the form of in-kind contributions including but not limited to donations of property and services.
NEW SECTION. Sec. 19. A new section is added to 1993 sp.s. c 23 to read as follows:
There is hereby appropriated from the motor vehicle fund--state, $15,500,000 in proceeds from the sale of bonds authorized in chapter 11, Laws of 1993 sp. sess. These funds shall be expended for the following projects:
(1) SR 99 SEA TAC INTERNATIONAL BLVD;
(2) SR 18 SR 99 TO SR 5 - HOV LANES;
(3) SR 304 SR 3 TO BREMERTON FERRY TERMINAL;
(4) SR 2 LEAVENWORTH INTERMODAL IMP.;
(5) SR 16 OLYMPIC INTERCHANGE;
(6) SR 5 SUNSET DR. I/C - I/C MODIFICATIONS;
(7) SR 512 94TH AVE. E. INTERCHANGE; and
(8) SR 14 164TH AVE. INTERCHANGE.
These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993. The appropriation contained in this section fulfills the state's contribution toward the completion of these projects.
NEW SECTION. Sec. 20. A new section is added to 1993 sp.s. c 23 to read as follows:
There is hereby appropriated cumulatively from the motor vehicle fund--state, the transportation fund--state, and the general fund--state, up to $35,500,000 for preliminary engineering, right of way acquisition, and construction of the following regular category C projects:
(1) SPRING ST TO JOHNSON RD (627000D);
(2) W. LK SAMM. PKWY. TO SR 202 (152038A);
(3) DIAMOND LAKE CHANNELIZATION (600232E);
(4) 15TH SW TO SR 161 U-XING (351214A);
(5) ANDRESEN ROAD TO SR 503 (450093B);
(6) NE 144TH ST TO BATTLEGROUND (450387B);
(7) STEAMBOAT ISLAND RD I/C (310199A);
(8) GRAHAM HILL VICINITY (316111A);
(9) NORTH OF WINSLOW - STAGE 1 (330505A);
(10) SR 5 TO BLANDFORD DRIVE (401487A);
(11) 32ND STREET INTERCHANGE (316711A); and
(12) SUNNYSLOPE I/C - STAGE 2 (228531A).
These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993.
The total expenditures under this section from all fund sources, including funds transferred under section 18(5) of this act, shall not exceed $35,500,000. The general fund--state expenditure under this section and sections 18, 21, and 22 of this act, cumulatively, shall not exceed $93,925,000.
NEW SECTION. Sec. 21. A new section is added to 1993 sp.s. c 23 to read as follows:
There is hereby appropriated cumulatively from the motor vehicle fund--state, the transportation fund--state, and the general fund--state, up to $27,100,000 for preliminary engineering and right of way acquisition for the following projects:
(1) SO 360TH ST/MILTON RD SO TO SR 18 - STAGE 1 (116105B);
(2) SR 522 TO 228TH ST. SE - STAGE 1 (100900E);
(3) 104TH AVE NE TO 124TH AVE NE I/C (152020B) - C;
(4) 124TH NE I/C TO W. LAKE SAMM. PKWY. (152031A) - C;
(5) LEWIS STREET INTERCHANGE (501203Y);
(6) SR 202 INTERCHANGE (152039D);
(7) SE 312TH WAY TO SE 304TH ST - STAGE 2 (101811B);
(8) SR 82 TO SELAH (582301C);
(9) O'BRIEN TO LEWIS RD (310108B);
(10) NE 147TH TO 80TH NE - HOV LANES (152212A) - C;
(11) OLD CASCADE HWY - TO DECEPTION CR - STG 1 (200200B);
(12) PROPHETS POINT TO OLD CASCADE HWY - STG 2 (200200C); and
(13) SEQUIM BYPASS (310154A).
These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993.
Funding for the construction of these projects is not available in the 1995-97 biennium.
The total expenditures under this section from all fund sources, including funds transferred under section 18(5) of this act, shall not exceed $27,100,000. The general fund--state expenditures under this section and sections 18, 20, and 22 of this act, cumulatively, shall not exceed $93,925,000.
NEW SECTION. Sec. 22. A new section is added to 1993 sp.s. c 23 to read as follows:
There is hereby appropriated cumulatively from the motor vehicle fund--state, the transportation fund--state, and the general fund--state, up to $22,900,000 for the following high occupancy vehicle construction projects:
(1) 15TH ST SW TO 84TH AVE SO. - STAGE 2 (116703C) - C;
(2) 15TH ST SW TO 84TH AVE SO. - STAGE 2 (116703D) - C;
(3) PIERCE C.L. TO TUKWILA I/C - STAGE 1 (A00505B) - B;
(4) FEDERAL WAY PARK & RIDE #2 (A00503A) - B;
(5) LYNNWOOD PARK & RIDE #2 - STAGE 1 (A00534A) - B; and
(6) PIERCE C.L. TO TUKWILA I/C - STAGE 2 (A00505C) - B.
These projects are not necessarily in prioritized order and are not subject to the provisions of chapter 490, Laws of 1993. The appropriation in this section is not intended to fund the entire list of projects contained within this section.
The total expenditures under this section from all fund sources, including funds transferred under section 18(5) of this act, shall not exceed $22,900,000. The general fund--state expenditures under this section and sections 18, 20, and 21 of this act, cumulatively, shall not exceed $93,925,000.
NEW SECTION. Sec. 23. A new section is added to 1993 sp.s. c 23 to read as follows:
With the completion of the projects contained in section 18 (5) and (6) of this act, and sections 19 through 22 of this act, the legislature determines it has fulfilled its commitments made with the passage of the 1990 transportation revenue program, chapter 42, Laws of 1990.
NEW SECTION. Sec. 24. A new section is added to 1993 sp.s. c 23 to read as follows:
Should the normal project delivery schedule in sections 20, 21, and 22 of this act result in higher than expected cash flow expenditures in any one section, the department is authorized to move funds among the sections provided the total of $85,500,000 is not exceeded, and, provided that the department completes all construction projects identified in section 20 of this act; completes preliminary engineering and right of way on all construction projects identified in section 21 of this act; and, expends the appropriation provided solely for high occupancy vehicle construction projects in section 22 of this act.
NEW SECTION. Sec. 25. A new section is added to 1993 sp.s. c 23 to read as follows:
It is the intent of the legislature that if the revenues are insufficient to support the appropriations contained in this act for major noninterstate highway construction--program C, the transportation commission shall first reduce and/or eliminate the funding for the projects contained in section 22 of this act, and then section 21 of this act, and finally section 20 of this act.
NEW SECTION. Sec. 26. A new section is added to 1993 sp.s. c 23 to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MAJOR NONINTERSTATE HIGHWAY CONSTRUCTION--PROGRAM C
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 2,000,000
The appropriation is provided solely for preliminary engineering for projects to be constructed in future biennia, such as state route no. 522.
Sec. 27. 1993 sp.s. c 23 s 25 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((31,028,000))
29,589,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 400,000
Motor Vehicle Fund--Transportation Capital Facilities
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((40,480,000))
42,230,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((71,908,000))
72,219,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $750,000 of the motor vehicle fund--transportation capital facilities account--state appropriation is provided to implement the Americans with Disabilities Act (P.L. 101-336 42 U.S.C. Sec. 12101 et seq.).
(2) The transportation commission shall evaluate the current organizational structure of the department of transportation with regard to: (a) The number and allocation of full-time employees required to support the department's environmental efforts; (b) the qualifications of such full-time employees; (c) the amount of authority each environmental position carries; (d) the chain of command governing such environmental positions; (e) the effectiveness of the organization with regard to proactively negotiating environmental policies with state, federal, and local units of government; (f) the ability of the department to assimilate, incorporate, and disseminate environmental information between and among the department's various divisions, branches, sections, and districts; and (g) the ability of the department to plan, budget, and account for such environmental costs. The transportation commission shall develop a plan to maximize the effectiveness of the environmental activities within the department and shall provide specific recommendations regarding any organizational changes that may be warranted.
(3) Up to $50,000 of the motor vehicle fund--state appropriation is provided solely for the computer aided engineering support team for the purpose of design visualization.
Sec. 28. 1993 sp.s. c 23 s 26 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--AERONAUTICS--PROGRAM F
General Fund--Aeronautics Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ ((3,106,000))
5,106,000
General Fund--Aeronautics Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 652,000
General Fund--Search and Rescue Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 130,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . $ ((3,888,000))
5,888,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The aeronautics account appropriations in this section are provided for management and support of the aeronautics division, state fund grants to local airports, development and maintenance of a state-wide airport system plan, maintenance of state-owned emergency airports, and federal inspections.
(2) The search and rescue account--state appropriation in this section is provided for directing and conducting searches for missing, downed, overdue, or presumed downed general aviation aircraft; for safety and education activities necessary to insure safety of persons operating or using aircraft; and for the Washington wing civil air patrol in accordance with RCW 47.68.370.
Sec. 29. 1993 sp.s. c 23 s 27 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--COMMUNITY ECONOMIC REVITALIZATION--PROGRAM G
Motor Vehicle Fund--Economic Development Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((5,020,000))
10,020,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is funded with the proceeds from the sale of bonds authorized by RCW 47.10.801 and is provided for improvements to the state highway system necessitated by planned economic development. However, the transportation commission may authorize the transfer of funds from the motor vehicle fund in lieu of bond proceeds for this state appropriation, if House Bill No. 2593 (highway improvement funding) or substantially similar legislation is enacted by the legislature.
(2) This appropriation contains up to $5,000,000 solely for the necessary infrastructure to support the development of a horse racing facility approved by the horse racing commission.
Sec. 30. 1993 sp.s. c 23 s 28 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--NONINTERSTATE BRIDGES--PROGRAM H
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((45,027,000))
48,027,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 71,000,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ 1,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((117,027,000))
120,027,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are provided to preserve the structural and operating integrity of existing bridges. It is the intent that this appropriation does not commit the governor nor the legislature to the transportation commission's proposed twenty-year bridge program.
(2) Up to $5,000,000 of the motor vehicle fund--state appropriation is provided solely for rehabilitation of state-owned moveable bridges.
(3) The appropriations contained in this section include $10,000,000 for the bridge seismic retrofit program.
(4) The department of transportation shall provide to the legislative transportation committee and the office of financial management by December 1, 1994, a written status report identifying: (a) The bridges to be retrofitted within this appropriation; and (b) the actual expenditures by project through November 1, 1994, compared to the estimated expenditures, as well as total estimated expenditures through June 30, 1995.
(5) Following adoption of state criteria to evaluate local flood plain management ordinances by the flood hazard task force, the department of transportation shall report to the chairs of the house of representatives and senate transportation committees on those programmatic and fiscal impacts resulting from: (a) Passage of Substitute House Bill No. 2462; and (b) adoption of local flood plain ordinances pursuant to the growth management act.
Sec. 31. 1993 sp.s. c 23 s 29 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE AND OPERATIONS--PROGRAM M
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((238,692,000))
238,156,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ 4,690,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((243,382,000))
242,846,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $300,000 of the motor vehicle fund--state appropriation is provided to develop and implement a roadside vegetation management plan to comply with the Puget Sound water quality authority management plan. Emphasis shall be placed on nonchemical vegetation control.
(2) Up to $910,000 of the motor vehicle fund--state appropriation is provided for additional maintenance to prevent mechanical and electrical problems on floating bridges, maintenance on the Lacey V. Murrow floating bridge, and compliance with department of labor and industries maintenance regulations.
(3) Up to $600,000 of the motor vehicle fund--state appropriation is provided for testing and disposal of hazardous materials and for interjurisdictional and/or interagency development of eight treatment facilities.
(4) Up to $2,411,000 of the motor vehicle fund--state appropriation is provided to expedite and enhance traffic signal improvements.
(5) Up to $2,700,000 of the motor vehicle fund--state appropriation is provided solely for work force safety equipment.
(6) It is the intent of the legislature that the legislative transportation committee study the impact upon the department of transportation of the utilities accommodation policy, requiring the removal of power poles, guy lines, and junction boxes adjacent to state highways. The committee shall report its findings to the legislature no later than November 15, 1995. No additional moneys are appropriated in this section for the purpose of doing additional utility clear zone work.
Sec. 32. 1993 sp.s. c 23 s 31 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
Motor Vehicle Fund--Puget Sound Capital Construction
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,109,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((51,475,000))
51,668,000
Motor Vehicle Fund--Puget Sound Ferry Operations
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 1,105,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((897,000))
1,723,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((54,586,000))
55,605,000
Up to $((526,000)) 826,000 of the transportation fund--state appropriation is provided for the implementation of ((Substitute House Bill No. 1006)) chapter 47.46 RCW.
Sec. 33. 1993 sp.s. c 23 s 32 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSIT RESEARCH AND INTERMODAL PLANNING--PROGRAM T
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((16,376,000))
15,631,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 16,314,000
High Capacity Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((17,500,000))
18,300,000
Transportation Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((44,088,000))
44,788,000
Transportation Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,852,000
Transportation Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ 100,000
Central Puget Sound Public Transportation Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((21,100,000))
18,563,000
Public Transportation Systems Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,500,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((126,830,000))
125,048,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $((31,000,000)) 33,200,000 of the transportation fund--state appropriation is provided for administrative costs, operating subsidies for contracted AMTRAK 403(b) service, and for capital projects to improve train speeds and service.
(2) Up to $((9,200,000)) 7,000,000 of the transportation fund--state appropriation is provided for state participation in the planning and construction of passenger rail depots and other passenger intermodal facilities.
(3) The central Puget Sound public transportation account--state appropriation and the public transportation systems account--state appropriation shall be distributed to local transit agencies based on the allocation process defined in ((Substitute House Bill No. 2036. These appropriations are null and void if Substitute House Bill No. 2036 is not enacted by the legislature)) chapter 393, Laws of 1993.
(4) Of the $3,400,000 motor vehicle fund--state appropriation provided for regional transportation planning organizations, funds not allocated to such organizations may be used for a discretionary grant program for special regional planning projects, to be administered by the department of transportation.
(5) Up to $250,000 of the motor vehicle fund--state appropriation contained in this section is provided solely for the Puget Sound transportation investment program. The program shall pay special attention to the Edmonds/Kingston run and development of an intermodal terminal at Point Edwards. Work on the program shall be completed and reported to the legislative transportation committee no later than ((December 15, 1993)) June 30, 1995.
(6) Up to $1,500,000 of the transportation fund--state appropriation contained in this section is provided solely for the rural mobility program.
(7) Up to $800,000 of the high capacity transportation account--state appropriation contained in this section, which does not require local match and is not subject to the allocation process specified in RCW 81.104.090, and up to $700,000 of the transportation fund--state appropriation contained in this section is provided for the central Puget Sound regional transit authority for matching funds for grants from subsection (bbb) and subsection (ccc) of section 3035 of United States P.L. 102-240 and for other costs required by RCW 81.104.140.
Sec. 34. 1993 sp.s. c 23 s 34 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((30,124,000))
29,567,000
Motor Vehicle Fund--Puget Sound Ferry Operations
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ 2,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((32,124,000))
31,567,000
The appropriations in this section are subject to the following conditions and limitations:
The appropriations in this section are to provide for costs billed to the department for services provided by other state agencies as follows:
(1) Archives and records management, $258,000 motor vehicle fund--state appropriation;
(2) Attorney general tort claims support, $4,692,000 motor vehicle fund--state appropriation;
(3) Office of the state auditor, $793,000 motor vehicle fund--state appropriation;
(4) Department of general administration facility and services, $3,037,000 motor vehicle fund--state appropriation;
(5) Department of personnel, $3,088,000 motor vehicle fund--state appropriation;
(6) Self-insurance liability premiums and administration, $15,574,000 motor vehicle fund--state appropriation. If Senate Bill No. 6252 (government liability limits) is not enacted by June 30, 1994, the amount contained in this subsection, the motor vehicle fund--state appropriation and the total appropriation contained in this section are increased by $250,000;
(7) Department of general administration for capital projects performed on the transportation Olympia headquarters building and for maintenance work on the department of transportation/plaza parking garage, $1,704,000 motor vehicle fund--state appropriation;
(8) Office of minority and women's business enterprises, $421,000 motor vehicle fund--state appropriation;
(9) Marine division self-insurance liability premiums and administration, $2,000,000 motor vehicle fund--Puget Sound ferry operations account--state appropriation.
Sec. 35. 1993 sp.s. c 23 s 35 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MARINE CONSTRUCTION--PROGRAM W
Motor Vehicle Fund--Puget Sound Capital Construction
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((235,746,000))
198,150,000
Motor Vehicle Fund--Puget Sound Capital Construction
Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((32,237,000))
29,972,000
Motor Vehicle Fund--Puget Sound Capital Construction
Account--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ 900,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((268,883,000))
229,022,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are provided to carry out only the projects presented to the legislature (version 4) for the 1993-95 budget. The department shall reconcile the 1991-93 capital expenditures within ninety days of the end of the biennium and submit a final report to the legislative transportation committee and office of financial management.
(2) The Puget Sound capital construction account--state appropriation includes $15,000,000 in proceeds from the sale of bonds authorized by RCW 47.60.560 and $((116,126,000)) 80,807,000 in proceeds from the sale of bonds authorized by RCW 47.60.800. However, the department of transportation may use current revenues available to the Puget Sound capital construction account in lieu of bond proceeds for any part of the state appropriation.
(3) The appropriation in this section provides for the construction, in the state of Washington, of new jumbo ferry vessels in accordance with the requirements of ((Substitute House Bill No. 1635)) RCW 47.60.770 through 47.60.778. The transportation commission shall provide progress reports to the legislative transportation committee and the governor regarding the implementation of ((Substitute House Bill No. 1635)) RCW 47.60.770 through 47.60.778.
(4) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the capital program authorized in this section.
Sec. 36. 1993 sp.s. c 23 s 36 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X
Marine Operating Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ 237,559,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is based on the budgeted expenditure of $27,123,000 for vessel operating fuel in the 1993-95 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation contained in this section provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 1993-95 biennium may not exceed $159,183,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $324.20 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, and a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed insurance benefit increase dollar amount that shall be allocated from the governor's compensation insurance benefits appropriation is in addition to the appropriation contained in this section and may be used to increase compensation costs, effective July 1, 1993, and July 1, 1994.
(3) The appropriation in this section includes $500,000 to (a) ensure the marine division of the department of transportation's compliance with RCW 88.46.060 through a contractual agreement between Washington state ferries and the Washington state maritime commission and (b) assist Washington state ferries in oil spill prevention, planning, and education in accordance with chapter 43.21I RCW.
(4) The appropriation in this section includes $154,000 for support of Clinton terminal agent expenses, but shall be expended only upon the construction of a new Clinton terminal.
(5) The appropriation in this section includes $359,000 to provide, during the summer, eight hours of Issaquah vessel class service on the Edmonds/Kingston route. This amount shall be expended only if the super class vessel refurbishment program impacts super class vessel service on this route.
(6) The appropriation in this section includes $185,000 to assess the ability of enhancing vessel maintenance for those routes that require extensive service schedules throughout the year by placing additional oiler staff hours on ((two)) select routes during the ((1993-94 fiscal year)) 1993-95 biennium. The results of this maintenance approach shall be reported to the legislative transportation committee and the office of financial management by ((December 1, 1993)) October 1, 1994.
(7) The department of transportation shall provide to the legislative transportation committee and office of financial management a quarterly financial report concerning the status of the operating program authorized in this section.
Sec. 37. 1993 sp.s. c 23 s 37 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((7,594,000))
31,486,000
Motor Vehicle Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 161,033,000
Motor Vehicle Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . $ 5,086,000
Transfer Relief Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,920,000))
1,751,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((177,633,000))
199,356,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $6,774,000 of the motor vehicle fund--federal appropriation in this section is provided for construction of demonstration projects specified in the federal intermodal surface transportation efficiency act (P.L. 101-240; 105 Stat. 1914). The motor vehicle fund--state appropriation includes $570,000 for the federal match requirements, which shall be from the bond sales proceeds as authorized by ((Senate Bill No. 5371)) RCW 47.10.819 through 47.10.824. However, the transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) Up to $300,000 of the motor vehicle fund--state appropriation is for a special study to be completed by December 1, 1994, that mutually benefits cities, counties, and the state. This study shall address the statutory and procedural barriers within each jurisdiction that inhibit a multijurisdictional approach to environmental mitigation; identify potential mitigation projects that might be more appropriate to address on a comprehensive regional basis rather than a project-by-project basis; assess whether or not a regional approach is achievable; and, if it is, identify candidate regional projects. Estimates of cost allocations between participating jurisdictions shall be made, including recommendations on appropriate funding sources. The study shall further identify those resources that could be shared between jurisdictions, including, but not limited to, hazardous waste sites, gravel pit sites, "bioremediation farms," wetland banks, pesticide storage facilities, and other transportation related activities that require environmental monitoring, mitigation, or protection.
(3) Up to $400,000 of the motor vehicle fund--state appropriation in this section is provided solely for the study contained in Substitute House Bill No. 1928 that mutually benefits cities, counties, and the state department of transportation.
(4) The motor vehicle fund--state appropriation includes $25,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.819 through 47.10.824.
NEW SECTION. Sec. 38. 1993 sp.s. c 23 s 41 (uncodified) is repealed.
Sec. 39. 1993 sp.s. c 23 s 39 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFER
Motor Vehicle Fund--State Appropriation
For transfer to the Transportation Capital Facilities
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((40,480,000))
38,080,000
Transportation Equipment Fund--State Appropriation:
For transfer to the Motor Vehicle Fund--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000
Motor Vehicle Fund--State Appropriation:
For transfer to the Economic Development Account--State Appropriation--$12,020,000 of which $10,020,000 shall be transferred to fund the appropriation contained in section 29 of this act and up to $2,000,000 shall be used to eliminate cash deficiencies that have accumulated in the economic development account over several biennia. If House Bill No. 2593 (highway improvement funding) or substantially similar legislation is not enacted by June 30, 1994, $7,020,000 of the amount provided in this transfer shall lapse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,020,000
Transfer Relief Fund--State Appropriation:
For transfer to the Motor Vehicle
Fund--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 3,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ 56,100,000
NEW SECTION. Sec. 40. A new section is added to 1993 sp.s. c 23 to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. (1) The department of licensing may enter into financial contracts, paid for from operating revenues, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves under chapter 39.94 RCW as follows:
(a) Lease-development with option to purchase or lease-purchase a new customer service center in Vancouver for $1,704,000; and
(b) Lease-development with option to purchase or lease-purchase a new customer service center in North Spokane for $2,230,000.
(2) When securing properties under this section, the department shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements, or financial contracts using certificates of participation.
NEW SECTION. Sec. 41. A new section is added to 1993 sp.s. c 23 to read as follows:
The Washington state patrol, the department of licensing, and the department of transportation shall report to the house of representatives and senate transportation committees of the legislature by September 15, 1994, on those projects contained within each agency's ten-year capital plan that consolidate services or activities between the agencies through joint construction of transportation facilities.
Sec. 42. 1993 sp.s. c 23 s 47 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL--CAPITAL
Motor Vehicle Fund--State Patrol Highway
Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . $ ((10,485,000))
8,562,000
Motor Vehicle Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 765,000
Highway Safety Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ 765,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . $ ((12,015,000))
10,092,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are provided for the following projects:
(a) WSP/DOL DIST OFFICE--TACOMA;
(b) EVERETT DIST HDQTRS BUILDING;
(c) MINOR WORKS PRESERVATION;
((SHELTON TRNG ACAD RESTROOM REPAIR))
(d) REPLACE UNDERGROUND STORAGE TANKS;
((REPLACE RATTLESNAKE RIDGE COMMUNICATION SITE))
(e) SHELTON ACADEMY PROPERTY ACQUISITION;
((VANCOUVER CVE INSPECTION STATION
MT. VERNON COMM SITE CONSTRUCTION
SPOKANE CVE INSPECTION STATION))
(f) REPLACE SCALE MECHANISM SEATAC SOUTH;
(g) YAKIMA DISTRICT HDQTRS PREDESIGN;
(h) I-90 PORT OF ENTRY WEIGH STATION;
(i) SMOKEY POINT WEIGH STATION DESIGN; and
(j) MORTON DETACHMENT PROPERTY ACQUISITION
((LONGVIEW VIN LANE CONSTRUCTION PROPERTY ACQUISITION)).
Of the appropriations provided in this subsection, it is the intent of the legislature to defer as many of these capital projects as possible.
(2) The state patrol shall conduct a needs assessment of its facilities for compliance with Americans with disabilities act (ADA) standards. The study shall be provided to the office of financial management and the legislative transportation committee by September 15, 1994.
NEW SECTION. Sec. 43. A new section is added to 1993 sp.s. c 23 to read as follows:
If Senate Bill No. 6553 (seismic retrofitting) is enacted by January 1, 1995, the total appropriation contained in section 4 of this act "For the Transportation Improvement Board" is increased by $7,070,000 and the total appropriation contained in section 30 of this act "For the Department of Transportation--Noninterstate Bridges--Program H" is increased by $14,354,000.
NEW SECTION. Sec. 44. A new section is added to 1993 sp.s. c 23 to read as follows:
The department of transportation is authorized to transfer all revenues from the gasohol exemption holding account to the motor vehicle fund--state, as needed, to fund Category C highway projects. If House Bill No. 2326 (gasohol exemption repeal) is not enacted by January 1, 1995, this section shall be null and void.
NEW SECTION. Sec. 45. If unforeseen fluctuations in revenue cause a shortfall in funding the motor vehicle fund--state appropriations contained in this act, and if the office of financial management determines pursuant to RCW 43.88.050 that a cash deficiency is projected for the motor vehicle fund, the office of financial management shall direct the state treasurer to make short-term loans to the motor vehicle fund to alleviate such deficiencies. Such loans shall accrue interest at the rate actually realized on investments of general fund balances, and shall be repaid as soon as practicable or as soon as sufficient revenues have accumulated in the motor vehicle fund.
NEW SECTION. Sec. 46. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 47. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.", and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
Senator Vognild moved that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 6084.
POINT OF INQUIRY
Senator Ludwig: "Senator Vognild, I think you may have already covered this, but with specific reference to that nine hundred thousand dollars from the State Patrol for their crime lab operation and specific reference to potential closure of the Kennewick Crime Lab, I'm under the impression that when the House approved this amendment in this supplement budget, they were not aware of the impact on the crime labs, because the budget notes at that time were only in draft form and they had language in that draft that said they would eliminate crime lab funding in that amount for the second year of the biennium. So, I just wanted to check again, if we approve this budget, do we have assurance that all the crime labs and specifically the Kennewick Crime Lab, will remain open for the rest of this biennium?"
Senator Vognild: "Yes, Senator, I have assurances from the Chief of the State Patrol that all of the crime labs, including the crime lab in Kennewick, will remain open. As I indicated, there will be some reductions in some of the staff in some of the other crime labs, but they will all remain open. The two hundred thousand which we put back in will absolutely assure that."
Senator Ludwig: "Do I understand then, that that two hundred thousand is specifically to maintain the Kennewick Crime Lab?"
Senator Vognild: "No, Senator. Actually, the Kennewick Crime Lab will require an additional--about forty-nine thousand dollars--to make sure that this stays open. The balance of that two hundred thousand will maintain the level in Southwest Washington and keep the level a little closer to where it was in Spokane."
Senator Ludwig: "Thank you, Senator."
Further debate ensued.
POINT OF INQUIRY
Senator Snyder: "Senator Vognild, I think I heard you correctly when you answered Senator Ludwig's question, but the crime lab in Southwest Washington in Kelso, that will still remain open--with how much reduced funding over the appropriation we made last year, approximately--two percent--five percent--ten percent--fifty percent?"
Senator Vognild: "The budget does not specify what any individual reduction will be. It leaves that up to the Chief. The assurance that I have is that every crime lab that is in place and functioning now will continue to be in place and continue to function."
Senator Snyder: "At the capacity they are now, or near the capacity they are now?"
Senator Vognild: "That is correct, at or very near the capacity they have right now."
Senator Snyder: "Thank you."
The President declared the question before the Senate to be the motion by Senator Vognild that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 6084.
The motion by Senator Vognild carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 6084.
MOTION
On motion of Senator Drew, Senator Moore was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6084, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6084, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Moore, Rinehart and Talmadge - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6084, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 6065 and asks the Senate to concur therein, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Ludwig, the Senate concurred in the House amendment(s) to Senate Bill No. 6065.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6065, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6065, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Moore and Rinehart - 2.
SENATE BILL NO. 6065, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SENATE BILL NO. 6080 and asks the Senate to concur therein, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Owen, the Senate concurred in the House amendment(s) to Senate Bill No. 6080.
MOTION
On motion of Senator Oke, Senator Amondson was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6080, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6080, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senator McCaslin - 1.
Excused: Senators Amondson, Moore and Rinehart - 3.
SENATE BILL NO. 6080, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Drew, Senator Vognild was excused.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 6138 and asks the Senate to concur therein, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Ludwig, the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6138.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6138, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6138, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Amondson, Moore, Rinehart and Vognild - 4.
SUBSTITUTE SENATE BILL NO. 6138, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The Speaker ruled the Senate amendment(s) to HOUSE BILL NO. 1466 beyond the scope and object of the bill. The House does not concur in said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Prentice, the Senate receded from its amendment(s) to House Bill No. 1466.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1466, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1466, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 45.
Excused: Senators Amondson, Moore, Rinehart and Vognild - 4.
HOUSE BILL NO. 1466, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Drew, Senators Hargrove and Skratek were excused.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The Speaker ruled the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 2616 beyond the scope and object of the bill. The House does not concur in said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Fraser, the Senate receded from its amendment(s) to Second Substitute House Bill No. 2616.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2616, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2616, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Schow, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.
Excused: Senators Amondson, Hargrove, Moore, Rinehart and Skratek - 5.
SECOND SUBSTITUTE HOUSE BILL NO. 2616, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6124 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Heavey, G. Cole and Horn.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Snyder, the Senate grants the request of the House for a conference on Engrossed Substitute Senate Bill No. 6124 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute Senate Bill No. 6124 and the House amendment(s) thereto: Senators Prentice, Fraser and Newhouse.
MOTION
On motion of Senator Snyder, the Conference Committee appointments were confirmed.
MOTION
At 7:31 p.m., on motion of Senator Gaspard, the Senate recessed until 8:30 p.m.
The Senate was called to order at 8:42 p.m. by President Pritchard.
MESSAGES FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE HOUSE BILL NO. 1743. The Speaker has appointed the following members as conferees: Representatives Rust, Flemming and Horn.
MARILYN SHOWALTER, Chief Clerk
March 8, 1994
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SECOND SUBSTITUTE SENATE BILL NO. 6107. The Speaker has appointed the following members as conferees: Representatives Rust, H. Myers and Van Luven.
MARILYN SHOWALTER, Chief Clerk
March 8, 1994
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to page 2, lines 29, 31 and 32, to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2326 and passed the bill as amended by the Senate.
MARILYN SHOWALTER, Chief Clerk
March 8, 1994
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2380 and passed the bill as amended by the Senate.
MARILYN SHOWALTER, Chief Clerk
MOTIONS
On motion of Senator Oke, Senator McCaslin was excused.
On motion of Senator Drew, Senator Niemi was excused.
STATEMENT FOR THE JOURNAL
Due to work on the anti-violence bill, I missed the vote on Substitute Senate Bill No. 6428, without the House amendment on page 8, but with the House amendment on page 6.
I would have voted 'yes' on the measure.
SENATOR ADAM SMITH, 33rd District
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House receded from its amendment(s) to page 8, line 22, to SUBSTITUTE SENATE BILL NO. 6428 and has passed the bill without said amendment(s), and the same are herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6428, without the House amendment on page 8, but with the House amendment on page 6.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6428, without the House amendment on page 8, but with the House amendment on page 6, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 41.
Absent: Senators Roach, Smith, A. and Talmadge - 3.
Excused: Senators Amondson, McCaslin, Moore, Niemi and Rinehart - 5.
SUBSTITUTE SENATE BILL NO. 6428, without the House amendment on page 8, but with the House amendment on page 6, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
NOTICE OF RECONSIDERATION
Having voted on the prevailing side, Senator Moyer served notice that he would move to reconsider the vote by which Senate Concurrent Resolution No. 8427 failed to pass the Senate earlier today.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6584, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to HOUSE BILL NO. 2480 and asks the Senate to recede therefrom, and the same is herewith transmitted.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Hargrove, the Senate refuses to recede from its amendment(s) to House Bill No. 2480 and asks the House to concur therein.
MESSAGE FROM THE HOUSE
March 8, 1994
MR. PRESIDENT:
The House does not concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2815 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Anderson, Conway and L. Thomas.
MARILYN SHOWALTER, Chief Clerk
MOTION
On motion of Senator Haugen, the Senate grants the request of the House for a conference on Engrossed Substitute House Bill No. 2815 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 2815 and the Senate amendment(s) thereto: Senators Haugen, Winsley and Drew.
MOTION
On motion of Senator Spanel, the Conference Committee appointments were confirmed.
MOTION
At 8:56 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Wednesday, March 9, 1994.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate